OPINION OF ADVOCATE GENERAL LÉGER

delivered on 25 September 2003 (1)

Case C-201/02

The Queen on the application of Delena Wells

v

Secretary of State for Transport, Local Government and the Regions

(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court))

(Environment - Assessment of the effects of certain projects on the environment - Directive 85/337/EEC - Old dormant mining permissions - Approval of new planning conditions - Consent - No assessment)

1.

JUDGMENT OF THE COURT (Fifth Chamber)

7 January 2004 (1)

(Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - National measure granting consent for mining operations without an environmental impact assessment being carried out - Direct effect of directives - Triangular situation)

In Case C-201/02,

REFERENCE to the Court under Article 234 EC by the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), for a preliminary ruling in the proceedings pending before that court between