Case C-201/02 Wells and Secretary of State for Transport, Local Government and the Regions

It is for the national court to determine whether it is possible under national law for a consent already granted to be revoked or suspended in order to subject the project to an assessment of its environmental effects, in accordance with the requirements of that directive, or alternatively, if the individual so agrees, whether it is possible for the latter to claim compensation for the harm suffered. I.e. The ECJ is leaving consequences of inapplicability to national courts to decide in accordance with national law and circumstances.