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2017-6 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0392 and id is 1 raw text is: VRw Reports of Cases Case C-529/15 Proceedings brought by Gert Folk (Request for a preliminary ruling from the Verwaltungsgerichtshof) (Reference for a preliminary ruling - Environmental liability - Directive 2004/35/EC - Article 17 - Temporal scope of application - Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired - Article 2(1)(b) - Concept of 'environmental damage' - National law excluding all damage covered by an authorisation - Article 12(1) - Access to justice in environmental matters - Locus standi - Directive 2000/60/EC - Article 4(7) - Direct effect) Summary - Judgment of the Court (First Chamber) of 1 June 2017 1. Environment - Prevention and remedying of environmental damage - Environmental liability - Directive 2004/35 - Temporal application - Environmental damage produced after the expiry of the period prescribed for transposing the directive but caused by the operation of a plant put into service before that date - Applicability of the directive (European Parliament and Council Directive 2004/35, as amended by Directive 2009/31, Art. 17) 2. Environment - Prevention and remedying of environmental damage - Environmental liability - Directive 2004/35 - Concept of 'environmental damage' - National legislation excluding from the concept of environmental damage any damage covered by an authorisation issued under the national provisions on water - Not permissible (European Parliament and Council Directive 2004/35, as amended by Directive 2009/31, Art. 2(1)(b)) 3. Environment - Community action in the field of water policy - Directive 2000/60 - Environmental objectives - Obligation to implement the necessary measures to prevent deterioration in the status of a body of surface water or groundwater - Possibility of a derogation for projects in the overriding public interest - Conditions set out in Article 4(7) of that directive - Obligation for a national court to review compliance with the conditions laid down by that provision in order to determine whether environmental damage exists within the meaning of Directive 2004/35 in the event of an authorisation being issued without examining compliance with those conditions - None (European Parliament and Council Directives 2000/60, Art. 4(7)(a) to (d) and 2004/35, as amended by Directive 2009/31, Art. 2(1)(b)) ECLJ:EU:C:2017:4191 1

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