1. EEC - Environment and sustainable development - Assessment of the effects of certain projects on the environment - Council Directive 85/337/EEC - Public participation in some environmental planning and programmes and access to justice - Interpretation of Article 10(a) inserted by Directive 2003/35/EC of the European Parliament and of the Council – Administrative procedural law of a Member State rendering the admissibility of the appeal contingent upon a right having been infringed – Need to authorise a non-governmental organisation to cite, in the context of the environment, the breach of any provision relevant to approval of the plan, including provisions intended to safeguard the interests of the public and not, at least in part, to safeguard the rights of individuals - Request for interpretation – If answered (partially) in the negative:

2. EEC - Environment and sustainable development - Assessment of the effects of certain projects on the environment - Council Directive 85/337/EEC - Public participation in some environmental planning and programmes and access to justice - Interpretation of Article 10(a) inserted by Directive 2003/35/EC of the European Parliament and of the Council - Need to authorise a non-governmental organisation to cite, as regards approval of a plan and in the context of the environment, the breach of provisions arising directly from Community law or those transposing Community provisions into national law, including provisions intended to safeguard the interests of the public and not, at least in part, to safeguard the rights of individuals – Specific characteristics required in respect of Community provisions in order for them to be cited – Direct effect, protection, objective - Request for interpretation - If Questions 1 or 2 answered in the affirmative:

3. EEC - Environment and sustainable development - Assessment of the effects of certain projects on the environment - Council Directive 85/337/EEC - Public participation in some environmental planning and programmes and access to justice - Article 10(a) inserted by Directive 2003/35/EC of the European Parliament and of the Council – Right to call upon non-governmental organisations broader than that conferred by national law and thus arising directly from the Directive - Request for interpretation

Deutsches Verwaltungsblatt 2009 p.654-658

Zeitschrift für europäisches Umwelt- und Planungsrecht 2009 p.153-157

DE - Paragraph 2, Abs. 1, Nº 1 und Abs. 5 Umwelt-Rechtsbehelfsgesetz (UmwRG)