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2016-5 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0380 and id is 1 raw text is: ZCVRLA Case C-346/14 European Commission V Republic of Austria (Failure of a Member State to fulfil obligations - Article 4(3) TEU - Article 288 TFEU - Directive 2000/60/EC - EU water policy - Article 4(1) - Prevention of deterioration of the status of bodies of surface water - Article 4(7) - Derogation from the prohibition of deterioration - Overriding public interest - Authorisation to construct a hydropower plant on the Schwarze Sulm River (Austria) - Deterioration of the water status) Summary - Judgment of the Court (First Chamber), 4 May 2016 1. Judicial proceedings - Oral part of the procedure - Reopening - No obligation to reopen the oral phase of the procedure in order to allow the parties to submit observations on points of law raised by the Advocate General (Art. 252, second para., TFEU; Rules of Procedure of the Court of Justice, Art. 83) 2. Environment - EU water policy - Directive 2000/60 - Obligations of Member States during the period of transposition - Obligation not to adopt measures that could compromise the attainment of the result prescribed by the Directive - Scope (Art. 4(3) TEU; Art. 288, third para., TFEU; European Parliament and Council Directive 2000/60, Arts 4 and 13(6)) 3. Environment - EU water policy - Directive 2000/60 waters - Obligation to implement necessary measures to bodies of surface water- Concept of implementation - Included - Environmental objectives for surface prevent deterioration of the status of all Authorisation for a specific project - (European Parliament and Council Directive 2000/60, Art. 4(1)(a), (i) and (7)) 4. Environment - EU water policy - Directive 2000/60 - Environmental objectives for surface waters - Definition of deterioration of the status of a body of surface water (European Parliament and Council Directive 2000/60, Art. 4(1)(a), (i) and Annex V) 5. Environment - EU water policy - Directive 2000/60 - Environmental objectives for surface waters - Obligation to implement necessary measures to prevent deterioration of the status of all bodies of surface water- Possibility of derogation for a project serving an overriding general interest - Conditions (European Parliament and Council Directive 2000/60, Arts 4(1) and 7) ECLJ:EU:C:2016:3221 Reports of Cases 1

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