Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Pro-Braine ASBL and Others v Commune de Braine-le-Château

Country/Territory
Belgium, European Union
Type of court
International court
Date
Apr 19, 2012
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
ŠVáby, D.
Lenaerts, K.
Juhász (Rapporteur), E.
Arestis, G.
von Danwitz, T.
Reference number
C-121/11
Language
English
Subject
Waste & hazardous substances, Environment gen.
Keyword
Waste management Waste disposal EIA
Abstract
The definitive decision relating to the carrying on of operations at an existing landfill site, taken on the basis of a conditioning plan, pursuant to Article 14(b) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, does not constitute a ‘consent’ within the meaning of Article 1(2) 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, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, unless that decision authorises a change to or extension of that installation or site, through works or interventions involving alterations to its physical aspect, which may have significant adverse effects on the environment within the meaning of point 13 of Annex II to Directive 85/337, and thus constitute a ‘project’ within the meaning of Article 1(2) of that Directive.
Full text
COU-158979.pdf
Website
curia.europa.eu

References

Cites

Council Directive 1999/31/EC on the landfill of waste.

Legislation | European Union | 1999

Keyword: Pollution control, Hazardous waste, Ozone layer, Authorization/permit, Classification/declassification, Soil conservation/soil improvement, Waste disposal, Waste management, Waste prevention, Monitoring

Source: FAO, FAOLEX

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Legislation | European Union | 1985 | Repealed

Keyword: EIA, Authorization/permit, Land-use planning, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX