Request for a preliminary ruling from the Raad van State (Belgium) lodged on 17 July 2015 — Denis Malcorps and Others v Vlaams Gewest; other party: Gemeentelijk Havenbedrijf Antwerpen

(Case C-388/15)

(2015/C 354/21)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants: Denis Malcorps, Myriam Rijssens, Guido Van De Walle

Defendant: Vlaams Gewest

Intervener: Gemeentelijk Havenbedrijf Antwerpen

Question referred

The Regional Development Implementation Plan (GRUP) contains planning rules under which, in mandatory terms, the development of areas (more specifically, for seaport- and water-related businesses, for a logistics park, for waterway infrastructure and for traffic and transport infrastructure) which have ecological features (areas hosting a natural habitat type or the habitat of a species for which the special area of conservation concerned was designated) which make a contribution to the conservation objectives of the special areas of conservation concerned, is possible only after the creation of sustainable habitats in ecological core areas (designated within the Natura 2000 area) and following a decision by the Flemish Government preceded by an opinion from the Flemish administrative body responsible for nature conservation — which should form part of an application for a planning permit with a view to the development of the aforementioned facilities — that the sustainable creation of the ecological core areas has been successful.

Can those planning rules with their envisaged positive developments of ecological core areas be taken into account in the determination, under Article 6(3) of the Habitats Directive (1), of potentially significant effects and/or in the making of an appropriate assessment, or can those planning rules be regarded only as ‘compensatory measures’ within the meaning of Article 6(4) of the Habitats Directive, in so far as the conditions laid down in that provision have been satisfied?

(1)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).