3.8.2013   

EN

Official Journal of the European Union

C 226/5

Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain) lodged on 30 May 2013 — Ayuntamiento de Benferri v Conselleria de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU

(Case C-300/13)

(2013/C 226/09)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de la Comunidad Valenciana, Sala de lo Contencioso-Administrativo, Sección 1

Parties to the main proceedings

Applicant: Ayuntamiento de Benferri

Defendants: Conselleria de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU

Questions referred

1.

Is the concept of ‘construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km’ in point 20 of Annex I to Directive 85/337, (1) as amended by Directive 97/11, (2) to be interpreted as meaning that the only electricity installations it covers are overhead power lines which reach both those thresholds?

2.

Is the concept of ‘… transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337, as amended by Directive 97/11, to be interpreted as meaning that the only electrical energy transmission installations it covers are overhead power lines?

If not:

3.

Is the concept of ‘… transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations?

4.

Is the concept of ‘… transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations, although the construction or extension thereof is carried out by means of a project which does not include the construction of an overhead power line?

(1)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40).

(2)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ 1997 L 73, p. 5).