Case C-321/18: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 9 May 2018 — Terre wallonne ASBL v Région wallonne
Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 9 May 2018 — Terre wallonne ASBL v Région wallonne
(Case C-321/18)
2018/C 259/39Language of the case: FrenchReferring court
Conseil d’État
Parties to the main proceedings
Applicant: Terre wallonne ASBL
Defendant: Région wallonne
Questions referred
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1. |
Is a decree by which a body of a Member State establishes the conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ( 1 ), a plan or programme within the meaning of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment ( 2 ), and, more specifically, within the meaning of Article 3(2)(a) or Article 3(4) of that directive? |
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2. |
If so, must such a decree be subjected to an environmental assessment in accordance with Directive 2001/42/EC, even though such an assessment is not required under Directive 92/43/EEC, on the basis of which the decree was adopted? |
( 1 ) OJ 1992 L 206, p. 7.
( 2 ) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30).