Judgment_paragraph 63 · Lesoochranárske zoskupenie VLK v Obvodný úrad Trenčín (C-243/15)

63Therefore, in order to answer the question asked by the referring court, it must be examined whether Article 47 of the Charter, read in conjunction with Article 9(2) and (4) of the Aarhus Convention, precludes, in a situation such as that at issue in the main proceedings, an interpretation of the rules of national procedural law from which it follows that a legal action brought by an environmental organisation which meets the conditions laid down in Article 2(5) of that convention against a decision refusing it the status of party to an administrative procedure for authorisation of a project that is to be carried out on a site protected pursuant to Directive 92/43 does not necessarily have to be examined during the course of that procedure, which may be definitively concluded before a definitive judicial decision on possession of the status of party is adopted, and is automatically dismissed as soon as that project is authorised, thereby requiring that organisation to bring an action of another type in order to obtain that status and to secure judicial review of compliance by the competent national authorities with their obligations stemming from Article 6(3) of that directive.