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Aannemersbedrijf P.K. Kraaijeveld BV e.a. v Gedeputeerde Staten van Zuid-Holland

Country/Territory
European Union
Date
Oct 24, 1996
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Rodríguez Iglesias, G.C. Mancini, G.F. Murray, J.L. Sevón, L. Kakouris; C.N. Kapteyn;
P.J.G. Gulmann, C. Edward, D.A.O. Puissochet, J.-P. Hirsch, G. Wathelet, M.
Reference number
C-72/95
Language
English
Subject
Water, Legal questions
Abstract

This case was concerned with a national law that did not require an environmental impact assessment (EIA) to be carried out for certain types of projects. The question brought forward to the court was whether this law is compatible with Directive 85/337/EEC.
Article 4(2) of this Directive prescribes that determining what projects should be subject to an assessment is at the Member States’ discretion.
The court had to answer whether Article 4(2) means that specifying projects requiring EIAs is at the absolute discretion of the Member States or whether it is limited by Article 2(1) containing the obligation to subject projects that are likely to have significant effects on the environment to an assessment.

The court decided that blocking the application of EIAs for entire categories of projects exceeds the limits of the Member State’s discretion unless the project category is created with the characteristic of not being likely to have significant effects on the environment.

Full text
Aannemersbedrijf P.K. Kraaijeveld BV e.a. v Gedeputeerde Staten van Zuid-Holland.pdf
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Website
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