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2015-7 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0371 and id is 1 raw text is: 





ZCVRLA


Reports of Cases


                  Case C-461/13

Bund fir Umwelt und Naturschutz Deutschland eV
                         V
           Bundesrepublik Deutschland


                (Request for a preliminary ruling from the Bundesverwaltungsgericht)


    (Reference for a preliminary ruling - Environment - EU action in the field of water policy -
    Directive 2000/60/EC - Article 4(1) - Environmental objectives relating to surface waters -
  Deterioration of the status of a body of surface water - Project for the development of a navigable
waterway - Obligation of the Member States not to authorise a project that may cause a deterioration
    of the status of a body of surface water - Decisive criteria for determining whether there is a
                           deterioration of the status of a body of water)


                 Summary - judgment of the Court (Grand Chamber), 1 July 2015

1.  Environment    -   EU   action  in  the field  of  water policy   -   Directive 2000/60   -
    Environmental objectives relating to surface waters - Binding force of the provisions laying down
    those objectives and obligation of the Member States to attain them

    (European Parliament and Council Directive 2000/60, Arts 3, 4(1)(a)(i) to (iii) and (7), 5, 8, 11
    and 13 and Annex V)


2. Environment - EU action in the field of water policy -
    by nature - Complete harmonisation of national laws


Directive 2000/60 - Framework directive
- No such harmonisation


     (Art. 175(1) EC (now Art. 192(1) TFEL); European Parliament and Council Directive 2000/60)

3.  Environment    -   EU   action  in  the field  of  water policy   -   Directive 2000/60   -
    Environmental objectives relating to surface waters - Concept of deterioration of the status of a
    body of surface water

    (European Parliament and Council Directive 2000/60, Art. 4(1)(a)(i) and (7))

1. Article 4(1)(a)(i) to (iii) of Directive 2000/60 establishing a framework for Community action in the
field of water policy must be interpreted as meaning that the Member States are required - unless a
derogation is granted - to refuse authorisation for an individual project where it may cause a
deterioration of the status of a body of surface water or where it jeopardises the attainment of good
surface water status or of good ecological potential and good surface water chemical status by the
date laid down by the directive.


ECLJ:EU:C:2015:433

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