Judgment_paragraph 39 · European Commission v Kingdom of Belgium (C-538/09)

39It is settled law that Article 6(3) of the Habitats Directive makes the requirement for an appropriate assessment of the implications of a plan or project conditional on there being a probability or a risk that the plan or project in question will have a significant effect on the site concerned. In the light, in particular, of the precautionary principle, such a risk exists if it cannot be excluded on the basis of objective information that the plan or project will have a significant effect on the site concerned (see Case C-127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I-7405, paragraphs 43 and 44; Case C-6/04 Commission v United Kingdom [2005] ECR I-9017, paragraph 54; and Case C-418/04 Commission v Ireland [2007] ECR I-10947, paragraph 226).

European Commission v Kingdom of Belgium (C-538/09)

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