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Case C-895/24, An Taisce II: Reference for a preliminary ruling from High Court (Ireland) made on 30 December 2024 – An Taisce – The National Trust for Ireland v The Minister for Housing, Local Government and Heritage, Ireland, The Attorney General

ECLI:EU:UNKNOWN:62024CN0895

62024CN0895

December 30, 2024
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Official Journal of the European Union

C series

C/2025/2353

28.4.2025

(Case C-895/24, An Taisce II)

(C/2025/2353)

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: An Taisce - The National Trust for Ireland

Defendants: The Minister for Housing, Local Government and Heritage, Ireland and The Attorney General

Questions referred

Does Article 5(1) and/or 9(1)(b) of, and paragraph (f) of Annex I to, Directive 2001/42 (1) have the effect that material assets cannot be treated as the factor effectively outweighing other factors including other effects on the environment, for the purposes of the assessment under Article 3(1) of that Directive and/or that the option with the least adverse effects on the environment must be selected as the preferred outcome of that assessment?

Does Article 5(1) and/or 9(1)(b) of, and paragraph (h) of Annex I to, Directive 2001/42 have the effect that alternatives must be identified, described and evaluated in a comparable way for the purposes of the assessment under Article 3(1) of that Directive?

(1) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment; OJ 2001, L 197, p. 30.

ELI: http://data.europa.eu/eli/C/2025/2353/oj

ISSN 1977-091X (electronic edition)

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