Association France Nature Environnement (Impacts temporaires sur les eaux de surface) (Judgment) French Text [2022] EUECJ C-525/20 (05 May 2022)

Association France Nature Environnement (Impacts temporaires sur les eaux de surface) (Judgment) French Text [2022] EUECJ C-525/20 (05 May 2022)

Article 4 of Directive 2000/60/EC does not permit Member States, when assessing the compatibility of a program or project with the objective of preventing deterioration of water quality, to disregard temporary, short-term, and non-long-term impacts unless it is manifest that such impacts, by their nature, have...

Source-derived case information.

Citation
[2022] EUECJ C-525/20
Parties
Applicant: Association France Nature Environnement; Respondent: Premier ministre; Respondent: Ministre de la Transition écologique et solidaire
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Reference answered; national provision incompatible with Directive 2000/60/EC unless strict conditions are met.
Legal Topics
Water Framework Directive, Surface Water Protection, Environmental Impact Assessment, Temporary Environmental Impacts, Derogations From Environmental Obligations
Environmental Law European Union Law Water Framework Directive Surface Water Protection Environmental Impact Assessment Temporary Environmental Impacts Derogations From Environmental Obligations

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Parties

Association France Nature Environnement

Applicant

Premier ministre

Respondent

Ministre de la Transition écologique et solidaire

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether Article 4 of Directive 2000/60/EC allows Member States to disregard temporary, short-term, and non-long-term impacts on surface water status when authorizing projects or programs.
  2. 2 Under what conditions such impacts may be disregarded, particularly in light of Article 4(6) and 4(7) of the Directive.

Ratio Decidendi

Article 4 of Directive 2000/60/EC does not permit Member States, when assessing the compatibility of a program or project with the objective of preventing deterioration of water quality, to disregard temporary, short-term, and non-long-term impacts unless it is manifest that such impacts, by their nature, have little effect on the status of the water bodies and cannot cause 'deterioration' within the meaning of the Directive. If such impacts are likely to cause deterioration, even if temporary, authorization is only possible if the strict conditions of Article 4(7) are met.

Court Disposition

Reference answered; national provision incompatible with Directive 2000/60/EC unless strict conditions are met.

Orders

  • Article 4 of Directive 2000/60/EC must be interpreted as not allowing Member States to disregard temporary, short-term, and non-long-term impacts on water quality unless it is manifest that such impacts have little effect and cannot cause deterioration; otherwise, authorization is only possible if Article 4(7)...