29.10.2011

Official Journal of the European Union

C 319/10

Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 10 August 2011 — Jutta Leth v Republic of Austria, Land Niederösterreich

(Case C-420/11)

2011/C 319/17

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: Jutta Leth

Defendants: Republic of Austria, Land Niederösterreich

Question referred

Is Article 3 of Council Directive 85/337/EEC of 27 June 1985, (1) in the version of Council Directive 97/11/EC of 3 March 1997, (2) and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 (3) (‘EIA Directive’) to be interpreted as meaning that

1.	the term ‘material assets’ covers only their substance or also their value;

2.	the environmental impact assessment serves also to protect an individual against pecuniary damage as a result of a decrease in the value of his property?

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ 1985 L 175, p. 40.

(2) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ 1997 L 73, p. 5.

(3) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC — Statement by the Commission, OJ 2003 L 156, p. 17.