EN

Official Journal of the European Union

C 63/19

(Case C-671/22)

(2023/C 63/24)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: T GmbH

Respondent authority: Bezirkshauptmannschaft Spittal an der Drau

Questions referred

1.Is point 1.2.2 of Annex V (Definitions for high, good and moderate ecological status in lakes) to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (1) to be interpreted as meaning that ‘disturbed conditions’ in the ‘biological quality elements’ table, ‘fish fauna’ row, ‘high status’ column refer exclusively to anthropogenic impacts on physico-chemical and hydromorphological quality elements? If Question 1 is answered in the negative:

2.Is the aforementioned provision to be interpreted as meaning that if a biological quality element ‘fish fauna’ deviates from ‘high status’ as a result of disturbed conditions other than anthropogenic impacts on physico-chemical and hydromorphological quality elements, the biological quality element ‘fish fauna’ also cannot be classified as having ‘good status’ or ‘moderate status’?

(1) OJ 2000 L 327, p. 1.