«(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)»

1.. Environment – Assessment of the environmental effects of certain projects – Directive 85/337 – Obligation on the competent authorities to carry out an assessment before consent is granted – Meaning of consent for the purposes of Article 1(2) – Decision laying down new conditions for a project to resume mining operations – Included (Council Directive 85/337, Arts 1(2), 2(1) and 4(2))

2.. Environment – Assessment of the environmental effects of certain projects – Directive 85/337 – Obligation on the competent authorities to carry out an assessment before consent is granted – Obligation not being directly linked to the performance of another obligation falling, pursuant to the directive, on a third party – Ability of an individual to rely on the directive (Council Directive 85/337, Arts 1(2), 2(1) and 4(2))

3.. Environment – Assessment of the environmental effects of certain projects – Directive 85/337 – Obligation on the competent authorities to carry out an assessment before consent is granted – Failure to carry out the assessment – Obligation on the authorities to remedy the failure – Scope – Application of the detailed procedural rules under national law (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

and

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),,

composed of: P. Jann (Rapporteur), acting for the President of the Fifth Chamber, D.A.O. Edward and A. La Pergola, Judges,

Advocate General: P. Léger,

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

Community legislation

National legislation

The first and second questions: the obligation to carry out an environmental impact assessment

Classification as a development consent

─ Admissibility

─ Substance

The time at which the environmental impact assessment must be carried out

The fourth and fifth questions: the ability of individuals to invoke the provisions of Directive 85/337

The period that elapsed between the decision determining new conditions and Mrs Wells's request that the situation be remedied

The third question: the obligation to remedy the failure to carry out an environmental impact assessment

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

Delivered in open court in Luxembourg on 7 January 2004.

R. Grass

V. Skouris

Registrar

President