Reference for a preliminary ruling from Supreme Court (Ireland) made on 26 May 2011 - Peter Sweetman, Ireland, Attorney General, Minister for the Environment, Heritage and Local Government v An Bord Pleanala

(Case C-258/11)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: Peter Sweetman, Ireland, Attorney General, Minister for the Environment, Heritage and Local Government

Defendant: An Bord Pleanala

Questions referred

What are the criteria in law to be applied by a competent authority to an assessment of the likelihood of a plan or project the subject of Article 6(3) of the Habitats Directive¹, having "an adverse effect on the integrity of the site"?

Does the application of the precautionary principle have as its consequence that such a plan or project cannot be authorised if it would result in the permanent non-renewable loss of the whole or any part of the habitat in question?

What is the relationship, if any, between Article 6(4) and the making of the decision under Article 6(3) that the plan or project will not adversely affect the integrity of the site?

____________

¹ - Council Directive 92/43/EEC of 21 May 1992. OJ L 206, p. 7