“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”
WLR Daily, 21st March 2013
Source: www.iclr.co.uk
