Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 21 May 2012 - Salzburger Flughafen GmbH v Umweltsenat
(Case C-244/12)
Language of the case: German
Referring court
Verwaltungsgerichtshof
Parties to the main proceedings
Applicant: Salzburger Flughafen GmbH
Defendant: Umweltsenat
Party: Landesumweltanwalt von Salzburg
Further party: Bundesministerin für Verkehr, Innovation und Technologie
Questions referred
Does Council Directive 85/337/EEC of 27 June 1985,
2 as amended by Council Directive 97/11/EC of 3 March 1997, preclude a national rule by which it is established that an environmental impact assessment for infrastructure works (not concerning the runway) at an airport, that is the construction of a terminal and the extension of the airport site to construct further facilities (in particular hangars, equipment buildings and parking areas), shall only be carried out if the annual number of aircraft movements is anticipated to increase by no less than 20 000?
In the event that Question 1 is answered in the affirmative:
In the absence of relevant national provisions, does Directive 85/337 require and allow for the direct application of its provisions to assess (taking due account of the objectives thereby pursued and the criteria set out in Annex III thereto) the environmental impact of a project - specified in Question 1 - which is covered by Annex II?
____________1 - Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ 1985 L 175, p. 40.2 - Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ 1997 L 73, p. 5.