Judgment_paragraph 14 · Marie-Noëlle Solvay and Others v Région wallonne (C-182/10)

14Articles 1 to 4 of the Decree of the Walloon Parliament of 17 July 2008 on certain consents for which there are overriding reasons in the public interest (Décret du Parlement wallon du 17 juillet 2008 relatif à quelques permis pour lesquels il existe des motifs impérieux d’intérêt général) (Moniteur belge, 25 July 2008, p. 38900), in their original version, provide:‘Article 1. Overriding reasons in the public interest have been established for the grant of town-planning consents, environmental consents and combined consents relating to the following acts and works:1.Acts and works for the improvement of the infrastructure and public buildings of the regional airports of Liège-Bierset and Brussels South Charleroi, as follows:(a) as regards Liège-Bierset airport:— the extension of the north freight zone for aircraft parking positions and future freight buildings;— the orbital road and the south taxiway;— the installation of a fourth tank for the fuel storage area;— the TGV freight station;— the extension of the car park south of the motorway;— the future office building;(b) as regards Brussels South Charleroi airport:— the extension of the runway, including the construction of access ways and the extension of the north taxiway between the access ways;— the control tower and radar;— the extension of aircraft parking positions;— the installation of de-icing areas;— the R3-airport road link;— the perimeter road and the south taxiway;— the extension of the terminal;— the extension of the car parks;— the railway station and infrastructure;2. Pursuant to the cooperation agreement of 11 October 2001 between the Federal State and the Flemish, Walloon and Brussels Capital Regions relating to the Belgian Railways investment plan for the years 2001-2012, the acts and works in the Region of Wallonia relating to the RER rail network;3. In connection with the implementation of the regional development scheme (Part 3, point 1.4) adopted by the Walloon Government on 27 May 1999, the acts and works relating to structural modes of public transport for Charleroi, Liège, Namur and Mons;4. The missing road and waterway links in the Region of Wallonia of the trans-European transport network referred to in Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network.Article 2. Where the acts and works listed in Article 1 are referred to in Article 84 of the Walloon Code of rural planning, urban planning, heritage and energy (Code wallon de l’Aménagement du Territoire, de l’Urbanisme, du Patrimoine et de l’Énergie), the consent shall be granted by the Government or the person designated by it in accordance with the detailed conditions laid down in Article 127 of that code, including those in Article 127(3).Where the acts and works listed in Article 1 concern an establishment within the meaning of the Decree of 11 March 1999 on environment consents (Décret du 11 mars 1999 relatif au permis d’environnement), Article 13(2) of that decree shall be applied.By way of exception to the first and second paragraphs, an application for consent whose receipt was acknowledged or which was lodged before the entry into force of this decree shall continue to be examined in accordance with the provisions in force at that date.Article 3. Within 45 days of their being granted the Government shall submit planning consents, environmental consents and combined consents relating to the acts and works referred to in Article 1 to the Walloon Parliament. The consents referred to in the third paragraph of Article 2 shall be submitted to the Parliament within 45 days of their receipt by the Government.The Walloon Parliament shall ratify the consents submitted to it within 60 days of the lodging of the file relating to the consents at its Bureau. Where no ratifying decree is approved within that time-limit, the consent shall be deemed not to have been granted.The time-limits referred to in the first and second paragraphs are suspended between 16 July and 15 August.A consent ratified by the Walloon Parliament shall be enforceable from the publication of the decree in the Moniteur belge and the consent shall be sent by the Government in accordance with the provisions of the code or the decree of 11 March 1999.Article 4. Where an application for a consent relates to a minor alteration to a consent ratified by the Walloon Parliament, the application shall follow the general rules of the code or the decree.’