JUDGMENT OF THE COURT (Grand Chamber)
7 September 2004 (1)
(Directive 92/43/EEC - Conservation of natural habitats and of wild flora and fauna - Concept of ‘plan’ or ‘project’ - Assessment of the implications of certain plans or projects for the protected site)
againstStaatssecretaris van Landbouw, Natuurbeheer en Visserij,intervener:Coöperatieve Producentenorganisatie van de Nederlandse Kokkelvisserij UA,
THE COURT (Grand Chamber),
after hearing the Opinion of the Advocate General at the sitting on 29 January 2004,
gives the following
(b) Pursuant to the first sentence of Article 6(3) of Directive 92/43, where a plan or project not directly connected with or necessary to the management of a site is likely to undermine the site’s conservation objectives, it must be considered likely to have a significant effect on that site. The assessment of that risk must be made in the light inter alia of the characteristics and specific environmental conditions of the site concerned by such a plan or project.