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Article 37 - Environmental protection
Key facts of the case:
Reference for a preliminary ruling — Directive 2001/42/EC — Environmental impact assessment — Development consent for the installation of wind turbines — Article 2(a) — Concept of ‘plans and programmes’ — Conditions for granting consent laid down by an order and a circular — Article 3(2)(a) — National instruments setting the framework for future development consent of projects — Absence of environmental assessment — Maintenance of the effects of national instruments, and consents granted on the basis of those instruments, after those instruments have been declared not to comply with EU law — Conditions.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
44) Those foregoing considerations are consistent with the purpose and objectives of Directive 2001/42, which itself comes within the framework established by Article 37 of the Charter of Fundamental Rights of the European Union, according to which a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the European Union and ensured in accordance with the principle of sustainable development.