The Public and Third Sector Law Reports
[2023] PTSR 1456
Court of Justice of the European Union
Eco Advocacy CLG
v
An Bord Pleanála
(Case C-721/21)
EU:C:2023:477
2022 Oct 27;
2023 Jan 19; June 15
2023 Jan 19; June 15
President of Chamber A Prechal,
Judges M L Arastey Sahún, F Biltgen, N Wahl, J Passer
Advocate General J Kokott
Judges M L Arastey Sahún, F Biltgen, N Wahl, J Passer
Advocate General J Kokott
Environment— Natural habitats— Screening assessment— Competent authority granting planning permission for large development near designated special area of conservation in Ireland— Screening reports concluding no need for environmental impact assessment nor assessment of implications on habitats— Claimant bringing judicial review claim against planning decision— Claimant raising allegations at hearing not contained in statement of claim— Whether EU law precluding national procedural rule that judicial review claimant only able to rely upon grounds or relief set out in statement of claim— Whether competent authority obliged to state explicit and detailed reasons for decision that habitat assessment not required— Whether authority at screening stage to take account of standard design feature intended to reduce harmful effects of project—
Council Directive 92/43/EEC, art 6(3)
—
Parliament and Council Directive 2011/92/EU, art 4, Annex III
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