Keywords
Summary

Keywords

1. Procedure - Application initiating proceedings - Subject matter of the proceedings - Definition - Amendment in the course of the proceedings - Prohibited

(Rules of Procedure of the Court of Justice, Arts 38(1)(c) and 42)

2. Environment - Conservation of natural habitats and of wild fauna and flora - Directive 92/43 - Special areas of conservation - Obligations of Member States

(Council Directive 92/43, Art. 6(3))

Summary

1. Under Article 38(1)(c) of the Rules of Procedure of the Court of Justice parties are required to state the subject-matter of the proceedings in the application initiating proceedings. Even though Article 42 of those Rules allows, subject to specific conditions, the introduction of new pleas in law, it is not permissible for a party to alter the very subject-matter of the proceedings. It follows that the merits of an application must be determined solely in the light of the submissions made in the application initiating the proceedings.

( see para. 31 )

2. Article 6(3) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, which requires the assessment of the implications of development plans not directly connected with or necessary to the management of a site in a special area of conservation but likely to have a significant effect thereon, cannot authorise a Member State to enact national legislation which allows that environmental impact assessment obligation for development plans to be waived because of the low costs entailed or the particular type of work planned.

( see para. 39 )