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Document 62002CJ0201
Judgment of the Court (Fifth Chamber) of 7 January 2004. # The Queen, on the application of Delena Wells v Secretary of State for Transport, Local Government and the Regions. # Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom. # Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - National measure granting consent for mining operations without an environmental impact assessment being carried out - Direct effect of directives - Triangular situation. # Case C-201/02.
Tiesas spriedums (piektā palāta) 2004. gada 7. janvārī.
The Queen, ko lūdza Delena Wells pret Secretary of State for Transport, Local Government and the Regions.
Lūgums sniegt prejudiciālu nolēmumu: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - Apvienotā Karaliste.
Direktīva 85/337/EEK - Tieša iedarbība.
Lieta C-201/02.
Tiesas spriedums (piektā palāta) 2004. gada 7. janvārī.
The Queen, ko lūdza Delena Wells pret Secretary of State for Transport, Local Government and the Regions.
Lūgums sniegt prejudiciālu nolēmumu: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - Apvienotā Karaliste.
Direktīva 85/337/EEK - Tieša iedarbība.
Lieta C-201/02.
ECLI identifier: ECLI:EU:C:2004:12
*A9* High Court of Justice (England), Queen's Bench Division, order of 28/03/2002 (CO/4311/99)
«(Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – National measure granting consent for mining operations without an environmental impact assessment being carried out – Direct effect of directives – Triangular situation)»
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(Council Directive 85/337, Arts 1(2), 2(1) and 4(2))
(Council Directive 85/337, Arts 1(2), 2(1) and 4(2))
(Art. 10 EC; Council Directive 85/337, Art. 2(1))
JUDGMENT OF THE COURT (Fifth Chamber)
7 January 2004 (1)
((Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – National measure granting consent for mining operations without an environmental impact assessment being carried out – Direct effect of directives – Triangular situation))
In Case C-201/02, REFERENCE to the Court under Article 234 EC by the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), for a preliminary ruling in the proceedings pending before that court between The Queen on the application of Delena Wellsand
Secretary of State for Transport, Local Government and the Regions, on the interpretation of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment,THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Mrs Wells, represented by R. Gordon and J. Pereira, instructed by S. Ring, solicitor; the United Kingdom Government, represented by R. Caudwell, acting as Agent, and D. Elvin; and the Commission, represented by X. Lewis and N. Khan, at the hearing on 12 June 2003,
after hearing the Opinion of the Advocate General at the sitting on 25 September 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the questions referred to it by the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), by order of 12 February 2002, hereby rules:
Jann |
Edward |
La Pergola |
R. Grass |
V. Skouris |
Registrar |
President |