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Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: Admn 13 Dec 2011

The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required Member States not to exceed limit values of nitrogen dioxide set for 1 January 2010. Held: Relief … Continue reading Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: Admn 13 Dec 2011

Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 30 May 2012

The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide. Held: The appeal failed. The judge had been correct that the compliance by the respondent was not mandatory as to the time suggested. He was correct: ‘I cannot accept … Continue reading Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: CA 30 May 2012

Ministre De La Transition Ecologique and Premier Ministre (Responsabilite De L’Etat Pour La Pollution De L’Air): ECJ 5 May 2022

Request for a preliminary ruling – Directive 2008/50/EC – Ambient air quality – Limit values for the protection of human health – Exceedance – Air quality plans – State liability – Right of an individual to obtain compensation for damage to health resulting from an infringement of EU law – Serious infringement – Direct causal … Continue reading Ministre De La Transition Ecologique and Premier Ministre (Responsabilite De L’Etat Pour La Pollution De L’Air): ECJ 5 May 2022

Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 19 Nov 2014

ECJ Reference for a preliminary ruling – Environment – Air quality – Directive 2008/50/EC – Limit values for nitrogen dioxide – Obligation to apply for postponement of the deadline by submitting an air quality plan – Penalties)‘1. Article 22(1) of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on … Continue reading Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 19 Nov 2014

Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: SC 29 Apr 2015

The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment. Held: The appal was allowed, amd andatory orders were made requiring the Secretary of State to prepare new air … Continue reading Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs: SC 29 Apr 2015

Council v Vereniging Milieudefensie And Stichting Stop Luchtverontreiniging Utrecht: ECJ 13 Jan 2015

ECJ Judgment – Appeals – Directive 2008/50/EC – Directive on ambient air quality and cleaner air for Europe – Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for … Continue reading Council v Vereniging Milieudefensie And Stichting Stop Luchtverontreiniging Utrecht: ECJ 13 Jan 2015

Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 28 Nov 2013

Expedited procedure C-404/13, [2013] EUECJ C-404/13 Bailii Citing: Reference from – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013 The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure … Continue reading Clientearth v The Secretary of State For The Environment, Food And Rural Affairs: ECJ 28 Nov 2013

Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs: SC 1 May 2013

The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .