Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 24 January 2018 — Compagnie d’entreprises CFE SA v Région de Bruxelles-Capitale

(Case C-43/18)

(2018/C 112/31)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Compagnie d’entreprises CFE SA

Defendant: Région de Bruxelles-Capitale

Questions referred

Does an order by which a Member State body designates a special area of conservation, under Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, (1) and which contains conservation objectives and general preventive measures having regulatory force, constitute 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)

More particularly, does such an order fall within Article 3(4), as a plan or programme which sets the framework for future development consent of projects, with the result that the Member States must determine whether it is likely to have significant effects on the environment, in compliance with Article 3(5)?

Must Article 3(2)(b) of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment be interpreted as meaning that the designation order in question is exempt from the application of Article 3(4) of that directive?

(1)  OJ 1992 L 206, p. 7.

(2)  OJ 2001 L 197, p. 30.