Official Journal of the European Union

13.9.2008 *

(Case C-142/07) (<span class="super">1</span>)

(Directives 85/337/EEC and 97/11/EC - Assessment of the effects of projects on the environment - Refurbishment and improvement works on urban roads - Whether subject to assessment)

(2008/C 236/03)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Ecologistas en Acción-CODA

Defendant: Ayuntamiento de Madrid

Re:

REFERENCE for a preliminary ruling — Juzgado de lo Contencioso-Administrativo de Madrid — Interpretation of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40) — Urban road projects in densely populated areas or concerning landscapes of historical, cultural or archaeological significance — Whether subject to an assessment procedure having regard to their nature, size and effect — Applicability of the criteria in the judgment of the Court in Case C-332/04 Commission v Spain

Operative part of the judgment

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, must be interpreted as meaning that it provides for environmental impact assessment of refurbishment and improvement projects for urban roads, either where they are projects covered by point 7(b) or (c) of Annex I to the directive, or where they are projects covered by point 10(e) of Annex II or the first indent of point 13 thereof, which are likely, by virtue of their nature, size or location and, if appropriate, having regard to their interaction with other projects, to have significant effects on the environment.

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(<span class="super">1</span>) OJ C 129, 9.6.2007.