… (3) If the answer to the first question is Yes and if the answer to the second question in general is No, does [the EIA Directive] read in the light of
Article
47
of the
Charter
of Fundamental Rights [of the European Union (‘the
Charter
’)] and/or the principle of wide access to justice under
Article
9(2) of the Aarhus Convention have the effect that a time limit provided by the domestic law of a [M]ember [S]tate for the bringing of proceedings to assert a right under that [d]irective, must be reasonably …
… to a review procedure before a court of law or another
independent
and
impartial
body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of that directive. …
… Consideration of the questions referred
The first three questions
25 By its first three questions, which it is appropriate to examine together, the referring court asks, in essence, whether
Article
11 of the EIA Directive, read in the light of
Article
9 of the Aarhus Convention and
Article
47
of the
Charter
, must be interpreted as precluding a rule provided for by the law of a Member State whereby an action for annulment of a derogation licence, which has been issued pursuant to
Article
16 of the …