Gruber v Unabhangiger Verwaltungssenat fur Karnten

European Union – Environment. The Court of Justice of the European Union made a preliminary ruling deciding that art 11 of Directive 2011/92/EU should be interpreted as precluding national legislation, such as the legislation at issue in the main proceedings, pursuant to which an administrative decision declaring that a particular project did not require an environmental impact assessment, which was binding on neighbours who were precluded from bringing an action against that administrative decision, where those neighbours, who were part of the 'public concerned' within the meaning of art 1(2) of that directive, satisfied the criteria laid down by national law concerning 'sufficient interest' or 'impairment of a right'.

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