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Brussels Hoofdstedelijk Gewest, other applicants and the Vlaams Gewest relating to the operation of Bruxelles‑National Airport

Country/Territory
Belgium
Type of court
International court
Date
Mar 17, 2011
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Tizzano, A:
Kasel, J.-J.
Borg Barthet, A.
Ileič, M
Berger
Mengozzi., P.
Reference number
C-275/09
Language
Dutch
Subject
Environment gen.
Keyword
Emission standards Environmental security Legal proceedings/administrative proceedings Water quality standards Environmental standards Standards Court/tribunal Effluent waste standards Noise standards Emissions
Abstract
The Court rules that "the second indent of Article 1(2) of, and point 7 of Annex 1 to, 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, are to be interpreted as meaning that the renewal of an existing permit to operate an airport cannot, in the absence of any works or interventions involving alterations to the physical aspect of the site, be classified as a ‘project’ or ‘construction’, respectively, within the meaning of those provisions; however, it is for the national court to determine, on the basis of the national legislation applicable and taking account, where appropriate, of the cumulative effect of a number of works or interventions carried out since the entry into force of the directive, whether that permit forms part of a consent procedure carried out in several stages, the ultimate purpose of which is to enable activities which constitute a project within the meaning of the first indent of point 13 of Annex II, read in conjunction with point 7 of Annex I, to the directive to be carried out. If no assessment of the environmental effects of such works or interventions was carried out at the earlier stage in the consent procedure, it would be for the national court to ensure that the directive was effective by satisfying itself that such an assessment was carried out at the very least at the stage at which the operating permit was to be granted".
Full text
Brussels Hoofdstedelijk Gewest.pdf