Judgment of the Court (Seventh Chamber) of 27March 2014—
Consejería de Infraestructuras y Transporte de la Generalitat Valenciana and Iberdrola Distribución Eléctrica
(Case C‑300/13)
Reference for a preliminary ruling— Directive 85/337/EEC— Assessment of the effects of certain projects on the environment— Construction of certain overhead electrical power lines— Extension of an electrical substation— Project not made subject to an environmental assessment
Environment— Assessment of the effects of certain projects on the environment— Directive 85/337— Scope— Extension of an electrical substation— Not included except in the case of an extension forming part of the construction of overhead electrical power lines— Verification by the national court (Council Directive 85/337, as amended by Directive 97/11, Annexes I, point20, and II, point3(b)) (see paras 21, 25-30, operative part)
Re:
| Request for a preliminary ruling— Tribunal Superior de Justicia de la Comunidad Valenciana— Interpretation of point20 of Annex I and section 3(b) of Annex II to Council Directive 85/337/EEC of 27June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L175, p.40), as amended by Directive 97/11/EC (OJ 1997 L73, p.5)— Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km— Concept— Project to extend an electrical substation independently of the existing overhead power line— National legislation which does not provide for the submission of that project to an environmental assessment. |
Operative part:
The provisions of point20 of Annex I and section 3(b) of Annex II to Council Directive 85/337/EEC of 27June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3March 1997, must be interpreted as meaning that a project such as that at issue in the main proceedings, which relates only to the extension of an electrical voltage transformer substation, is not, as such, among the projects covered by those provisions, unless that extension is part of the construction of overhead electrical power lines, which it is for the national court to ascertain.