Case C‑473/14

Dimos Kropias Attikis

v

Ipourgos Perivallontos, Energias kai Klimatikis Allagis

(Request for a preliminary ruling from

the Simvoulio tis Epikratias)

‛Reference for a preliminary ruling — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Protection regime in respect of the Mount Hymettus area — Modification procedure — Applicability of the directive — Master plan and environmental protection programme for the greater Athens area’

Summary — Judgment of the Court (Ninth Chamber), 10 September 2015

1. Environment — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42 — Obligation for competent authorities to carry out an assessment of the effects of certain plans and programmes on the environment — Conditions — Risk of a significant effect on the site concerned

   (European Parliament and Council Directive 2001/42, Art. 3)

2. Environment — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42 — Scope — Plans and programmes likely to have significant effects on the environment — Member States’ discretion — Scope and limits

   (European Parliament and Council Directive 2001/42)

3. Environment — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42 — Plan and programme — Meaning — National procedure modifying an existing plan or programme implementing a master plan established by a hierarchically superior measure that had not been the subject of an environmental assessment — Whether excluded

   (European Parliament and Council Directive 2001/42, Art. 2(a) and 3(2)(a))

4. Environment — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42 — Obligation to carry out an environmental assessment without prejudice to other European Union law requirements — Limits

   (European Parliament and Council Directive 2001/42, Art. 11(1) and (2); Council Directive 85/337, as amended by Directive 97/11)

1.  See the text of the decision.

   (see para. 47)

2.  Given the objective of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment, which consists in providing for a high level of protection of the environment, the provisions which delimit the directive’s scope, in particular those setting out the definitions of the measures envisaged by the directive, must be interpreted broadly. Any exceptions to or limitations of those provisions must, consequently, be interpreted strictly.

   (see para. 50)

3.  Articles 2(a) and 3(2)(a) of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment must be interpreted as meaning that the adoption of a measure containing a plan or programme relating to town and country planning and land use falling within the scope of Directive 2001/42 that modifies an existing plan or programme may not be exempted from the obligation to carry out an environmental assessment under that directive on the ground that that measure is intended to give more specific expression to and implement a master plan established by a hierarchically superior measure that has not itself been the subject of such an environmental assessment.

   Indeed, an interpretation to that effect would be incompatible with the objectives of Directive 2001/42 and would undermine its effectiveness, since it would mean that a potentially broad category of measures modifying plans and programmes likely to give rise to significant environmental effects is, on principle, excluded from the scope of that directive even though those measures are expressly covered by the terms of Articles 2(a) and 3(2)(a) of that directive.

   (see paras 53, 59, operative part)

4.  It is for the national court to determine whether an assessment of environmental effects under Directive 85/337 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11, or ‘any other Community law requirements’ as provided for in Article 11(1) of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment, may be regarded as being the result of a coordinated or joint procedure within the meaning of Article 11(2) of Directive 2001/42 and whether it already complies with all the requirements of Directive 2001/42, in which case there would no longer be an obligation to carry out a new assessment for the purposes of that directive.

   (see para. 58)