Judgment_paragraph 33 · Dimos Kropias Attikis v Ypourgos Perivallontos, Energeias kai Klimatikis Allagis (C-473/14)

33However, a minority of the members of the referring court considers that that majority opinion cannot be accepted because it would unduly restrict the effectiveness of Directive 2001/42 and be contrary to paragraph 42 of the judgment in Inter-Environnement Bruxelles and Others (C‑567/10, EU:C:2012:159). Furthermore, the question of the retroactive application of Directive 2001/42 would not arise because, in the present case, the question raised is not whether the initial plan was subject to an ‘environmental assessment’ within the meaning of that directive, but merely whether the legislation giving more specific expression to that plan has to be subjected to such an assessment so far as concerns its newly adopted provisions.