Aannemersbedrijf P.K. Kraaijeveld BV e.a. contra Gedeputeerde Staten van Zuid-Holland.

• Jurisdiction: European Union
• Celex Number: 61995CJ0072
• ECLI: ECLI:EU:C:1996:404
• Docket Number: C-72/95
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 24 October 1996

Avis juridique important

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61995J0072

Judgment of the Court of 24 October 1996. - Aannemersbedrijf P.K. Kraaijeveld BV e.a. v Gedeputeerde Staten van Zuid-Holland. - Reference for a preliminary ruling: Raad van State - Netherlands. - Environment - Directive 85/337/EEC - Assessment of the effects of certain public and private projects. - Case C-72/95.

European Court reports 1996 Page I-05403

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

1. Community law ° Interpretation ° Multilingual texts ° Uniform interpretation ° Differences between the various language versions ° Purpose and general scheme of the rules in question to be taken as the basis for reference

2. Environment ° Assessment of the effects of certain projects on the environment ° Directive 85/337 ° "Canalization and flood-relief works" within the meaning of point 10(e) of Annex II ° Definition ° Dyke work along navigable waterways ° Included ° Definition encompassing modification of existing dykes

(Council Directive 85/337, Annex II, point 10(e))

3. Environment ° Assessment of the effects of certain projects on the environment ° Directive 85/337 ° Assessment of projects in classes included in Annex II ° Member States' discretion ° Scope and limits ° Duty of national courts ° Examination of court' s own motion whether the national authorities have remained within the limits of their discretion ° Need to ensure effectiveness of the directive where limits not observed

(Council Directive 85/337, Arts 2(1), 4(2) and Annex II, point 10(e))

Summary

1. Interpretation of a provision of Community law involves a comparison of the language versions. In the case of divergence between them, the need for a uniform interpretation of those versions requires that the provision in question be interpreted by reference to the purpose and general scheme of the rules of which it forms part.

2. The expression "canalization and flood-relief works" in point 10(e) of Annex II to Directive 85/337 on the assessment of the effects of certain public and private projects on the environment must be interpreted as including works for retaining water and preventing floods, and consequently dyke work along navigable waterways. Where it is liable permanently to affect the composition of the soil, flora and fauna or the landscape, such work is likely to have a significant effect on the environment within the meaning of the directive.

That expression is also to be interpreted as including not only construction of a new dyke but also modification of an existing dyke involving its relocation, reinforcement or widening, replacement of a dyke by constructing a new dyke in situ, whether or not the new dyke is stronger or wider than the old one, or a combination of such works.

3. Article 4(2) of Directive 85/337 on the assessment of the effects of certain public and private projects on the environment provides that projects of the classes listed in Annex II are to be made subject to an assessment where Member States consider that their characteristics so require and that to that end Member States may specify the types of projects subject to an assessment or establish the criteria and/or thresholds necessary to determine which projects are to be subject to an assessment. That provision, together with point 10(e) of Annex II, which refers to canalization and flood-relief works, must be interpreted as meaning that where, in connection with dyke work which requires an assessment, a Member State establishes those criteria or thresholds in such a way that, in practice, all such projects are exempted in advance from the requirement of an impact assessment, it exceeds the limits of its discretion under Articles 2(1) and 4(2) of the directive unless all the projects excluded could, when viewed as a whole, be regarded as unlikely to have significant effects on the environment.

In addition, where under national law a court or tribunal hearing an action for the annulment of a decision approving a project must or may raise of its own motion pleas in law based on binding national rules which have not been put forward by the parties, it must, for matters within its jurisdiction, examine of its own motion whether the legislative or administrative authorities of the Member State have remained within the limits of their discretion under Articles 2(1) and 4(2) of the directive, and take account thereof when examining the action for annulment. Where that discretion has been exceeded and consequently the national provisions must be set aside in that respect, it is for the authorities of the Member State, according to their respective powers, to take all the general or particular measures necessary to ensure that projects are examined in order to determine whether they are likely to have significant effects on the environment and, if so, to ensure that they are subject to an impact assessment.

Parties

In Case C-72/95,

REFERENCE to the Court under Article 177 of the EC Treaty by the Nederlandse Raad van State (Netherlands) for a preliminary ruling in the proceedings pending before that court between

Aannemersbedrijf P.K. Kraaijeveld BV and Others

and

Gedeputeerde Staten van Zuid-Holland

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 (OJ 1985 L 175, p. 40) and on the duty of national courts to ensure that a directive having direct effect is complied with although no individual has invoked it,

THE COURT,

composed of: G.C. Rodríguez Iglesias, President, G.F. Mancini, J.L. Murray, L. Sevón (Rapporteur), (Presidents of Chambers), C.N. Kakouris, P.J.G. Kapteyn, C. Gulmann, D.A.O. Edward, J.-P. Puissochet, G. Hirsch and M. Wathelet, Judges,

Advocate General: M.B. Elmer,

Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of:

° Aannemersbedrijf P.K. Kraaijeveld BV and Others, by J.A. Kraaijeveld, J. Kraaijeveld Sr., J. Kraaijeveld Jr., W. Kraaijeveld and P.K. Kraaijeveld,

° the Government of the Netherlands, by A. Bos, Legal Adviser at the Ministry of Foreign Affairs, acting as Agent,

° the Italian Government, by U. Leanza, Head of the Legal Department of the Ministry of Foreign Affairs, acting as Agent, assisted by P.G. Ferri, Avvocato dello Stato,

° the United Kingdom Government, by J.E. Collins, Assistant Treasury Solicitor, acting as Agent, assisted by D. Wyatt QC,

° the Commission of the European Communities, by M. van der Woude, of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Aannemersbedrijf P.K. Kraaijeveld BV and Others, represented by J. Kraaijeveld Jr. and W. Kraaijeveld; the Government of the Netherlands, represented by J.S. van den Oosterkamp, Assistant Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, assisted by J. Poot, expert adviser; the Italian Government, represented by P.G. Ferri; the United Kingdom Government, represented by J.E. Collins, assisted by D. Wyatt; and the Commission, represented by W. Wils of its Legal Service, acting as Agent, at the hearing on 14 February 1996,

after hearing the Opinion of the Advocate General at the sitting on 26 March 1996,

gives the following

Judgment

Grounds

1 By judgment of 8 March 1995, received at the Court on 14 March 1995, the Nederlandse Raad van State (Netherlands State Council) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty four questions 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 (OJ 1985 L 175, p. 40, hereinafter "the directive") and on the duty of national courts to ensure that a directive having direct effect is complied with although no individual has invoked it.

2 The questions were raised in proceedings brought by Aannemersbedrijf P.K. Kraaijeveld BV and Others (hereinafter "Kraaijeveld") for annulment of a decision of 18 May 1993 by which the South Holland Provincial Executive approved a zoning plan entitled "Partial modification of zoning plans in connection with dyke reinforcement" adopted by the Sliedrecht Municipal Council pursuant to the Wet op de ruimtelijke ordening (Regional Development Law).

Directive 85/337

3 The directive provides that, before certain works or other interventions in the natural surroundings are executed, an environmental impact assessment is to be carried out.

4 According to the sixth, eighth, ninth and eleventh recitals in the preamble to the directive:

"... development consent for public and private projects which are likely to have significant effects on the environment should be granted only after prior assessment of the likely significant environmental effects of these projects has been carried out; ... this assessment must be conducted on the basis of the appropriate information supplied by the developer, which may be supplemented by the authorities and by the people who may be concerned by the project in question;

... projects belonging to certain types have significant effects on the environment and these projects must as a rule be subject to systematic assessment;

... projects of other types may not have significant effects on the environment in every case and ... these projects should be assessed where the Member States consider that their characteristics so require;

... the effects of a project on the environment must be assessed in order to take account of concerns to protect human health, to contribute by means of a better environment to the quality of life, to ensure maintenance of the diversity of species and to maintain the reproductive capacity of the ecosystem as a basic resource for life".

5 Article 1(1) of the directive states:

"This directive shall apply to the assessment...