Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/25/2017

Subject: The Court affirmed that in the event of failure to carry out an environmental impact assessment required under Council Directive 85/337/EEC, EU law, on the one hand, requires Member States to nullify the unlawful consequences of that failure and, on the other hand, does not preclude regularisation through the conducting of an impact assessment, after the plant concerned has been constructed and has entered into operation, on condition that national rules allowing for that regularisation do not provide the parties concerned with an opportunity to circumvent the rules of EU law or to dispense with applying them, and an assessment carried out for regularisation purposes is not conducted solely in respect of the plant’s future environmental impact, but must also take into account its environmental impact from the time of its completion

Parties: Comune di Corridonia

Classification: Solidarity - Art. 37 Environmental protection

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