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2013-1 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0343 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-416/10 Jozef Kritan and Others v Slovenski ingpekcia zivotndho prostredia (Request for a preliminary ruling from the Najvy~i slid Slovenskej republiky) (Article 267 TFEU - Annulment of a judicial decision - Referral back to the court concerned - Obligation to comply with the annulment decision - Request for a preliminary ruling - Whether possible - Environment - Aarhus Convention - Directive 85/337/EEC - Directive 96/61/EC - Public participation in the decision-making process - Construction of a landfill site - Application for a permit - Trade secrets - Non-communication of a document to the public - Effect on the validity of the decision authorising the landfill site - Rectification - Assessment of the environmental impact of the project - Final opinion prior to accession of the Member State to the European Union - Application in time of Directive 85/337 - Effective legal remedy - Interim measures - Suspension of implementation - Annulment of the contested decision - Right to property - Interference) Summary - Judgment of the Court (Grand Chamber), 15 January 2013 1. Questions referred for a preliminary ruling - Admissibility relation to the actual facts of the dispute or its purpose provisions of EU law which do not have direct effect - provisions - No effect (Art. 267 TFEU) Conditions - Questions bearing no Questions on the interpretation of Clarity of the applicable national 2. Questions referred for a preliminary ruling - national court of its own motion - Lawfulness Reference to the Court Question raised by the (Art. 267 TFEU) 3. Questions referred for a preliminary request for a preliminary ruling - constitutional court - Obligation to the constitutional court - No effect ruling - Reference to the Court - Obligation to make a National court ruling following a referral back from the resolve the dispute following the legal position expressed by (Art. 267(3) TFEU) ECLJ:EU:C:2013:81 1

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