Testbiotech and Others v Commission: ECFI 15 Dec 2016

ECJ Judgment – Environment – Genetically modified products – Genetically modified soybean MON 87701 x MON 89788 – Request for internal review of the decision on marketing authorisation dismissed as unfounded – Obligation to state reasons – Manifest error of assessment

ECLI:EU:T:2016:736, [2016] EUECJ T-177/13
Bailii
European

Environment

Updated: 27 January 2022; Ref: scu.572618

Swiss International Air Lines v The Secretary of State for Energy and Climate Change, Environment Agency: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries – Decision No 377/2013/EU – Article 1 – Temporary derogation – Exclusion of flights to and from airports situated in Switzerland – Difference of treatment of third countries – General principle of equal treatment – Inapplicable

[2016] EUECJ C-272/15
Bailii
Directive 2003/87/EC, Decision No 377/2013/EU 1
European

Environment

Updated: 27 January 2022; Ref: scu.572615

Associazione Italia Nostra Onlus v Comune di Venezia: ECJ 21 Dec 2016

ECJ Judgment – Reference for a preliminary ruling – Environment – Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Article 3 (3) – Plans and programs subject to an environmental assessment only when Member States establish Are likely to have significant effects on the environment – Validity under the TFEU and the Charter of Fundamental Rights of the European Union – Concept of use of ‘small areas at local level’ – National regulations referring to The area of ??the areas concerned

C-444/15, [2016] EUECJ C-444/15
Bailii
European

Environment

Updated: 27 January 2022; Ref: scu.572565

Vodoopskrba I Odvodnja v Zeljka Klafuric: ECJ 7 Dec 2016

EJ (Judgment) Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for an EU water policy – Recovery of the costs of services connected with water use – Calculation of the amount due from the consumer – Variable component related to actual consumption and fixed component independent of that consumption

ECLI:EU:C:2016:927, [2016] EUECJ C-686/15
Bailii
European

Environment

Updated: 27 January 2022; Ref: scu.572329

X v A and Others: ChD 13 Oct 1999

A trustee under a will where there was a life interest had the ability to assert a lien over the estate in respect of potential liability which might be incurred because of the necessity of complying with any order for the clean-up of land forming part of the estate, even though the part of the Act which might operate was not yet in force.

Gazette 13-Oct-1999
Environmental Protection Act 1990 Part II
England and Wales

Trusts, Wills and Probate, Environment

Updated: 27 January 2022; Ref: scu.90642

Stadt Wiener Neustadt v Niederosterreichische Landesregierung: ECJ 17 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Assessment of the effects of certain public and private projects on the environment – Directive 85/337/EEC – Directive 2011/92/EU – Scope – Concept of ‘specific act of national legislation’ – No environmental impact assessment – Definitive authorisation – Legislative regularisation a posteriori of the lack of environmental impact assessment – Principle of cooperation – Article 4 TEU

ECLI:EU:C:2016:882, [2016] EUECJ C-348/15
Bailii
European

Environment

Updated: 26 January 2022; Ref: scu.571886

Commission v Spain C-461/14: ECJ 24 Nov 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Special protection areas – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Directive 92/43/EEC – Conservation of natural habitats

ECLI:EU:C:2016:895, [2016] EUECJ C-461/14
Bailii
European

Environment

Updated: 26 January 2022; Ref: scu.571872

Commission v Stichting Greenpeace Nederland And Pan Europe: ECJ 23 Nov 2016

ECJ (Judgment) Appeal – Access to documents of the institutions – Regulation (EC) No 1049/2001 – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 6(1) – Risk of an adverse effect on the commercial interests of a natural or legal person – Concept of ‘information relating to emissions into the environment’ – Documents relating to the authorisation procedure for an active substance contained in plant protection products – Active substance glyphosate

ECLI:EU:C:2016:889, [2016] EUECJ C-673/13
Bailii
European

Environment

Updated: 26 January 2022; Ref: scu.571873

Bund Naturschutz In Bayern And Wilde v Bavaria: ECJ 24 Nov 2016

ECJ (Judgment) Preliminary reference – Environment – Assessment of the effects of certain public and private projects on the environment – Directive 2011/92 / EU – Project subject to assessment – Annex I, point 7 – European Agreement on Main International Traffic ( AGR) – Enlargement of a four-lane road over a length of less than 10 km

ECLI:EU:C:2016:898, [2016] EUECJ C-645/15
Bailii
European

Environment

Updated: 26 January 2022; Ref: scu.571869

Lesoochranarske Zoskupenie Vlk: ECJ 8 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Article 6(3) – Aarhus Convention – Public participation in decision-making and access to justice in environmental matters – Articles 6 and 9 – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection – Project to construct an enclosure – Protected site ‘Strazovske vrchy’ – Administrative authorisation procedure – Environmental organisation – Request for the status of party to the procedure – Rejection – Legal action

ECLI:EU:C:2016:838, [2016] EUECJ C-243/15
Bailii
Directive 92/43/EEC
European

Environment

Updated: 25 January 2022; Ref: scu.571278

Commission v Greece C-504/14: ECJ 10 Nov 2016

ECJ (Judgment) Failure of a Member State to fulfil obligations – Environment – Nature conservation – Directive 92/43/EEC – Article 6(2) and (3) and Article 12(1)(b) and (d) – Wild fauna and flora – Conservation of natural habitats – Sea turtle Caretta caretta – Protection of sea turtles in the Gulf of Kyparissia – ‘Dunes of Kyparissia’ Site of Community importance – Protection of species

ECLI:EU:C:2016:847, [2016] EUECJ C-504/14
Bailii
European

Environment, Animals

Updated: 25 January 2022; Ref: scu.571266

Eco-Emballages v Sphere France SAS and Others: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 94/62/EC – Article 3 – Packaging and packaging waste – Definition – Rolls, tubes and cylinders around which flexible material is wound (‘Roll cores’) – Directive 2013/2/EU – Validity – Amendment by the European Commission of the list of examples of packaging set out in Annex I to Directive 94/62/EC – Misinterpretation of the term ‘packaging’ – Misuse of implementing powers

ECLI:EU:C:2016:859, [2016] EUECJ C-313/15
Bailii
Directive 94/62/EC 3
European

Environment

Updated: 25 January 2022; Ref: scu.571271

Yara Suomi And Others v Tyo-ja elinkeinoministerio: ECJ 26 Oct 2016

ECJ Judgment – Reference for a preliminary ruling – Greenhouse gas emission allowance trading scheme within the European Union – Directive 2003/87/EC – Article 10a – Method of allocating free allowances – Calculation of the uniform cross-sectoral correction factor – Decision 2013/448/EU – Article 4 – Annex II – Validity – Application of uniform cross-sectoral correction factor to facilities in sectors which are deemed to be exposed to a significant risk of carbon leakage – Determination of the product benchmark for hot metal – Decision 2011/278/EU – Article 10(9) – Annex I – Validity

ECLI:EU:C:2016:799, [2016] EUECJ C-506/14
Bailii
Decision 2013/448/EU
European

Environment

Updated: 24 January 2022; Ref: scu.570593

European Commission v French Republic C-515/10: ECJ 1 Dec 2011

ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Directive 1999/31/EC – Decision 2003/33/EC – National legislation – Landfill for inert waste – Acceptance of asbestos-cement waste
Environment – Waste – Landfill of waste – Directive 1999/31 – National legislation providing for the treatment of asbestos-cement waste in landfills for inert waste – Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Arts 2(e), 3(1), 6(d) and 16, and Annex II; Council Decision 2003/33, Annex) (see paras 25-26, 28, operative part)

ECLI:EU:C:2011:801, [2011] EUECJ C-515/10
Bailii
European

Environment

Updated: 23 January 2022; Ref: scu.569577

The Royal Society for The Protection of Birds, Re Judicial Review CSOH – 104: SCS 19 Jul 2016

Outer House – Opinion – challenge to permission for wind farm

Lord Stewart
[2016] ScotCS CSOH – 104
Bailii
Scotland
Cited by:
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See AlsoThe Royal Society for The Protection of Birds, Re Judicial Review CSOH – 103 SCS 19-Jul-2016
Opinion . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, Animals

Updated: 22 January 2022; Ref: scu.568775

Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council: Admn 8 Mar 2004

An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an ‘escape’ within the meaning of section 34(1)(b).
Held: The company’s appeal succeeded. The issue was whether or not the deposit of waste in those circumstances could amount to an ‘escape’. Linguistically the word ‘escape’ was simply not apt to denote a deliberate act of depositing waste, and did not extend to cover deliberate dumping of waste; the environmental wrong constituted by deliberate dumping was ‘it would seem’ covered by section 33(1)(a) of the Act.

Laws LJ
[2004] EWHC 597 (Admin), [2004] Env LR 42
Bailii
Environmental Protection Act 1990 33(1)(a) 34
England and Wales
Cited by:
CitedCamden v Mortgage Times Group Ltd Admn 3-Jul-2006
The defendant was a producer of controlled waste. It had left waste out for collection. The prosecutor appealed the acquittal of the defendant for failing to prevent escape of such waste.
Held: The appeal failed. The prosecutor had to show . .
CitedThames Water Utilities Ltd v Bromley Magistrates’ Court Admn 20-Mar-2013
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether . .

Lists of cited by and citing cases may be incomplete.

Environment

Updated: 22 January 2022; Ref: scu.195551

Seiont, Gwyrfai and Llyfni Anglers’ Society v Natural Resources Wales: CA 29 Jul 2016

‘This appeal requires us to consider the meaning of the concepts of ‘damage’ and ‘environmental damage’ in Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage’

Laws, King, Lindblom LJJ
[2016] EWCA Civ 797
Bailii
England and Wales

Environment, European

Updated: 20 January 2022; Ref: scu.567950

Vattenfall Europe Generation v Bundesrepublik Deutschland: ECJ 28 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading within the European Union – Directive 2003/87/EC – Temporal scope – Time when the emissions trading obligation arises – Article 3 – Annexe I – Concept of ‘installation’ – Combustion of fuels in installations with a total rated thermal input exceeding 20 MW

ECLI:EU:C:2016:613, [2016] EUECJ C-457/15
Bailii
European

Environment

Updated: 20 January 2022; Ref: scu.567794

Citta Metropolitana di Bari v Edilizia Mastrodonato: ECJ 28 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Protection of the environment – Waste management – Directive 2006/21/EC – Article 10(2) – Backfilling of excavation voids using waste other than extractive waste – Landfill or recovery of such waste

C-147/15, [2016] EUECJ C-147/15
Bailii
Directive 2006/21/EC 10(2)
European

Environment

Updated: 20 January 2022; Ref: scu.567784

Orleans And Others v Malcorps and Others: ECJ 21 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats – Special areas of conservation – Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ – Development of a port area – Assessment of the implications of a plan or project for a protected site – Occurrence of adverse effects – Prior but not yet completed development of an area of an equivalent type to the part destroyed – Completion subsequent to the assessment – Article 6(3) and (4)

C-387/15, [2016] EUECJ C-387/15, ECLI:EU:C:2016:583
Bailii
Directive 92/43/EEC

European, Environment

Updated: 20 January 2022; Ref: scu.567416

Commission v Portugal C-557/14: ECJ 22 Jun 2016

(Judgment) Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Lump sum payment and penalty payment

ECLI:EU:C:2016:471, [2016] EUECJ C-557/14
Bailii
TFEU 260(2), Directive 91/271/EEC

European, Environment

Updated: 18 January 2022; Ref: scu.565856

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 ambient air quality and cleaner air for Europe must be interpreted as meaning that, in order to be able to postpone by a maximum of five years the deadline specified by the Directive for achieving conformity with the limit values for nitrogen dioxide specified in annex XI thereto, a member state is required to make an application for postponement and to establish an air quality plan when it is objectively apparent, having regard to existing data, and notwithstanding the implementation by that member state of appropriate pollution abatement measures, that conformity with those values cannot be achieved in a given zone or agglomeration by the specified deadline. Directive 2008/50 does not contain any exception to the obligation flowing from article 22(1).
2. Where it is apparent that conformity with the limit values for nitrogen dioxide established in annex XI to Directive 2008/50 cannot be achieved in a given zone or agglomeration of a member state by 1 January 2010, the date specified in that annex, and that member state has not applied for postponement of that deadline under article 22(1) of Directive 2008/50, the fact that an air quality plan which complies with the second subparagraph of article 23(1) of the Directive has been drawn up, does not, in itself, permit the view to be taken that that member state has nevertheless met its obligations under article 13 of the Directive.
3. Where a member state has failed to comply with the requirements of the second subparagraph of article 13(1) of Directive 2008/50 and has not applied for a postponement of the deadline as provided for by article 22 of the Directive, it is for the national court having jurisdiction, should a case be brought before it, to take, with regard to the national authority, any necessary measure, such as an order in the appropriate terms, so that the authority establishes the plan required by the Directive in accordance with the conditions laid down by the latter.’

[2014] EUECJ C-404/13, ECLI:EU:C:2014:2382, [2015] PTSR 909
Bailii
European
Citing:
Reference fromClientearth, 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 . .
See AlsoClientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 28-Nov-2013
Expedited procedure . .

Cited by:
At ECJClientearth, 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: . .

Lists of cited by and citing cases may be incomplete.

Environment

Updated: 17 January 2022; Ref: scu.565399

Commission v Cyprus and Epuration Des Eaux Urbaines Residuaires: ECJ 5 Mar 2020

Judgment -Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Urban waste water treatment – Articles 3, 4, 10 and 15 – Annex I, points A, B and D – Lack of urban water collection systems in certain agglomerations – Absence of secondary treatment or equivalent treatment of urban waste water – Construction and operation of purification stations – Control of discharges from such stations

C-248/19, [2020] EUECJ C-248/19, ECLI: EU: C: 2020: 171
Bailii
European

Environment

Updated: 17 January 2022; Ref: scu.654859

AT and Others (And Nevele) v Gewestelijke stedenbouwkundige ambtenaar van het departement Ruimte Vlaanderen, afdeling Oost-Vlaanderen: ECJ 3 Mar 2020

Environment – Opinion – Reference for a preliminary ruling – Directive 2001/42 / EC – Assessment of the effects of certain’ plans and programs ‘on the environment – Strategic environmental assessment – Concept of’ plans and programs ‘- Conditions relating to the installation of wind turbines established by a regulatory decree and an administrative circular – Legal consequences of the absence of a strategic environmental assessment – Possibility, for a national judge, of provisionally maintaining the effects of national acts

C-24/19, [2020] EUECJ C-24/19_O, [2020] EUECJ C-24/19
Bailii, Bailii
European

Environment, Planning

Updated: 17 January 2022; Ref: scu.654843

Commission v Greece (Pollution Par Les Nitrates): ECJ 27 Feb 2020

Judgment – Failure by a State to fulfill obligations – Directive 91/676 / EEC – Protection of water against pollution by nitrates from agricultural sources – Judgment of the Court finding a breach – Non-compliance – Article 260, paragraph 2, TFEU – Financial penalties – Sum lump sum

C-298/19, [2020] EUECJ C-298/19, ECLI: EU: C: 2020: 133
Bailii
European

Environment

Updated: 17 January 2022; Ref: scu.654764

Azienda Municipale Ambiente v Consorzio Laziale Rifiuti: ECJ 16 Jan 2020

(Opinion) Request for a preliminary ruling – Environment – Waste – Directive 1999/31 – Landfills – Cost of landfilling waste – Existing landfills – Application ratione temporis of the directive – Modification of the disposal fees initially provided for in the contract – No retroactivity – Legal certainty – Protection of legitimate expectations – Proportionality

C-15/19, [2020] EUECJ C-15/19_O, [2020] EUECJ C-15/19
Bailii, Bailii
European

Environment

Updated: 17 January 2022; Ref: scu.654674

Germany v Commission: ECFI 10 May 2016

ECJ (Judgment) State aid – Renewable energy – Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) – Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users – Decision declaring the aid partially incompatible with the internal market – Concept of State aid – Advantage – State resources

ECLI:EU:T:2016:281, [2016] EUECJ T-47/15
Bailii
European

Utilities, Environment

Updated: 15 January 2022; Ref: scu.563396

Commission v Austria (Chasse Printaniere A La Becasse Des Bois): ECJ 23 Apr 2020

(Judgment) Failure to fulfill obligations – Directive 2009/147 / EC – Conservation of wild birds – Authorizations for the spring hunting of male specimens of the species of birds’ woodcock ‘(Scolopax rusticola) in the Land of Lower Austria (Austria ) – Article 7 (4) and Article 9 (1) (c) – Absence of ‘other satisfactory solution’ – Concept of ‘small quantities’

C-161/19, [2020] EUECJ C-161/19, ECLI: EU: C: 2020: 290
Bailii
European

Animals, Environment

Updated: 14 January 2022; Ref: scu.654968

Holcim (Romania) v Commission: ECJ 7 Apr 2016

ECJ (Judgment) Appeal – Environment – Scheme for greenhouse gas emission allowance trading in the European Union – Directive 2003/87/EC – Articles 19 and 20 – Regulation (EC) No 2216/2004 – Article 10 – System of registries for transactions concerning emission allowances – Liability for fault – Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances – Strict liability

C-556/14, [2016] EUECJ C-556/14
Bailii
Directive 2003/87/EC, Regulation (EC) No 2216/2004

European, Environment

Updated: 13 January 2022; Ref: scu.561983

Commission v Bulgaria: ECJ 14 Jan 2016

ECJ Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Kaliakra and Belite Skali special protection areas – Directive 92/43/EEC – Conservation of natural habitats and wild species – Kompleks Kaliakra site of Community importance – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Temporal applicability of the system of protection – Deterioration of natural habitats of species and disturbance of species – Wind power – Tourism

[2016] EUECJ C-141/14
Bailii
Directive 2009/147/EC, Directive 92/43/EEC
Citing:
OpinionCommission v Bulgaria (Advocate Generals Opinion) ECJ 3-Sep-2015
ECJ Nature conservation – Directive 2009/147/EC – Conservation of wild birds -‘Kaliakra’ and ‘Belite Skali’ special protection areas – Directive 92/43/EEC – Conservation of natural habitats and of wild species – . .

Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 09 January 2022; Ref: scu.559141

Seiont, Gwyrfai and Llyfni Anglers’ Society, Regina (on The Application of) v Natural Resources Wales and Others: Admn 17 Dec 2015

The Court was asked whether for the purposes of the Environmental Liability Directive (EU Directive 2004/35/EC), ‘environmental damage’ includes the prevention or deceleration of recovery from an existing, already-damaged environmental state; or whether it is restricted to a deterioration from an existing state.

Hickinbottom J
[2015] EWHC 3578 (Admin)
Bailii
Directive 2004/35/EC
England and Wales

Planning, European, Environment

Updated: 08 January 2022; Ref: scu.557153

Allensway Recycling Ltd and Others, Regina (on The Application of) v The Environment Agency: CA 16 Dec 2015

Whether entry to residential premises in the exercise of powers under section 108 of the Environment Act 1995 (‘the 1995 Act’), and pursuant to a warrant lawfully granted under schedule 18 to that Act, can lawfully be effected only after giving at least seven days’ notice to the occupier of the premises, even where the warrant has been granted on the basis that an application for admission to the premises would defeat the object of the proposed entry. The issue turns on the proper construction of section 108(6).

Sir James Munby P FD, Richards, Floyd LJJ
[2015] EWCA Civ 1289, [2015] WLR(D) 529
Bailii, WLRD
Environment Act 1995 105
England and Wales

Environment

Updated: 08 January 2022; Ref: scu.557074

Jedwell v DH and Another: CA 2 Dec 2015

Challenge to grant of planning permission for wind turbines on the basis that the decision that no environmental impact assessment report was required was itself inadequate.
Held: Allowed in part and remitted.

Moore-Bick VP CA, Lewison, Kitchin LJJ
[2015] EWCA Civ 1232, [2015] WLR(D) 493
Bailii, WLRD
England and Wales

Planning, Environment

Updated: 07 January 2022; Ref: scu.556266

Rights: Community: Action, Regina (on The Application of) v Secretary of State for Housing, Communities and Local Government: CA 20 Dec 2021

Was it lawful for the Secretary of State for Housing, Communities and Local Government, the respondent here, to reform the planning legislation in England by making statutory instruments to adjust ‘permitted development’ rights and to remove certain changes of use from the scope of development control, without undertaking a strategic environmental assessment under Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (‘the SEA Directive’) and the Environmental Assessment of Plans and Programmes Regulations 2004 (‘the SEA regulations’)? That is the basic question in this case. The answer to it, in my view, is that the Secretary of State did not act unlawfully.

Sir Keith Lindblom,
(Senior President of Tribunals),
Lord Justice Coulson,
And,
Lord Justice Birss
[2021] EWCA Civ 1954
Bailii
England and Wales

Planning, Environment

Updated: 07 January 2022; Ref: scu.670639

Clientearth v Commission: ECFI 13 Nov 2015

ECJ Judgment : Second Chamber – Access to documents – Regulation (EC) No 1049/2001 – Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board – Refusal to grant access – Exception relating to the protection of the decision-making process – Duty to state reasons – Obligation to carry out a specific and individual examination – Overriding public interest

T-424/14, [2015] EUECJ T-424/14, ECLI:EU:T:2015:848
Bailii
Regulation (EC) No 1049/2001

European, Environment

Updated: 06 January 2022; Ref: scu.554849

Commission v Greece: ECJ 15 Oct 2015

ECJ (Judgment) Failure to fulfill obligations – Directive 91/271/EEC – Treatment of urban waste water – Judgment of the Court establishing failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum and penalty payment

C-167/14, [2015] EUECJ C-167/14, ECLI:EU:C:2015:684
Bailii
Directive 91/271/EEC

European, Environment

Updated: 05 January 2022; Ref: scu.553612

Bilbaina De Alquitranes And Others v Commission: ECFI 7 Oct 2015

ECJ (Judgment) Environment and protection of human health – Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity – Regulation (EC) No 1907/2006 and Regulation (EC) No 1272/2008 – Manifest error of assessment – Classification of a substance on the basis of its constituents

ECLI:EU:T:2015:767, [2015] EUECJ T-689/13
Bailii
European

Environment

Updated: 04 January 2022; Ref: scu.553121

East Sussex County Council (Judgment): ECJ 6 Oct 2015

ECJ Reference for a preliminary ruling – Aarhus Convention – Directive 2003/4/EC – Articles 5 and 6 – Public access to environmental information – Charge for supplying environmental information – Reasonable amount – Costs of maintaining a database and overheads – Access to justice – Administrative and judicial review of a decision imposing a charge

C-71/14, [2015] EUECJ C-71/14
Bailii
Directive 2003/4/EC
European

Environment, Information

Updated: 04 January 2022; Ref: scu.553095

FCD and FMB v Ministre de l’Ecologie, du Developpement durable et de l’Energie: ECJ 10 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Environment and protection of human health – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 7(2) and 33 – Substances of very high concern present in articles – Duties to notify and provide information – Calculation of threshold of 0.1% weight by weight

C-106/14, [2015] EUECJ C-106/14
Bailii
Regulation (EC) No 1907/2006
European

Environment

Updated: 03 January 2022; Ref: scu.552173

Dimos Kropias Attikis v Ipourgos Perivallontos, Energias kai Klimatikis Allagis: ECJ 10 Sep 2015

Judgment – Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Protection regime in respect of the Mount Hymettus area – Modification procedure – Applicability of the directive – Master plan and environmental protection programme for the greater Athens area

C-473/14, [2015] EUECJ C-473/14, ECLI:EU:C:2015:582
Bailii
Directive 2001/42/EC
European

Environment, Planning

Updated: 03 January 2022; Ref: scu.552172

Lafarge Aggregates Ltd, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 7 Aug 2015

Application for judicial review of a decision by an inspector appointed by the Secretary of State for Environment, Food and Rural Affairs to determine an appeal made by the claimant against a refusal by the interested party to grant a Standard Rules Environmental Permit 2010 number 8-100KTE. The central issue is the proper interpretation of article 3(15) of Directive 2008/98/EC otherwise known as the Waste Framework Directive (WFD).

Patterson DBE J
[2015] EWHC 2388 (Admin)
Bailii
Directive 2008/98/EC 3915)
England and Wales

Environment, European

Updated: 03 January 2022; Ref: scu.551045

Commission v Italy – C-653/13: ECJ 16 Jul 2015

Judgment – Failure to fulfill obligations – Environment – Directive 2006/12/EC – Articles 4 and 5 – Waste management – Campania Region – Judgment of the Court – Findings of failure – partial non-performance of the judgment – Article 260, paragraph 2 TFEU – Financial penalties – Penalty payment – Lump sum

C-653/13, [2015] EUECJ C-653/13, ECLI:EU:C:2015 478
Bailii
Directive 2006/12/EC 4 5
European

Environment

Updated: 03 January 2022; Ref: scu.550983

Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency: Admn 14 Oct 1997

Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or knowledge which will be regarded as satisfying a requirement in a statute that a company should have done or known something) is in truth no more than a matter of interpretation or construction of the relevant substantive rule, according to its language, content and the policy: see especially per Lord Hoffman . .’ and
‘It is a matter of interpretation of each subsection in the context of each piece of legislation what rule of attribution is appropriate under each. In the case of statutes dealing with activities such as selling or offering to sell, it is unlikely to be difficult to treat the company (as well as, in probability, the relevant salesman) as selling or offering to sell.’

Mance J
[1997] 2 All ER 332, [1998] 2 WLR 452, [1997] EWHC Admin 873, [1999] QB 333
Bailii
Environmental Protection Act 1990 33(1)(a)
England and Wales
Cited by:
CitedThames Water Utilities Ltd v Bromley Magistrates’ Court Admn 20-Mar-2013
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether . .

Lists of cited by and citing cases may be incomplete.

Environment

Updated: 03 January 2022; Ref: scu.137818

Polychronakis v Richards and Jerrom Limited: Admn 16 Oct 1997

It is the responsibility of the prosecution to disprove the existence of reasonable excuse for non-compliance once a defence raised.

Times 19-Nov-1997, [1997] EWHC Admin 885
Environmental Protection Act 1990 80(4) 80(6)
England and Wales
Citing:
See AlsoPolychronakis Chief Legal and Property Officer for and on Behalf of Dudley Metropolitan Borough Council v Richards and Jerroms Limited Admn 2-Jul-1997
. .

Cited by:
See AlsoPolychronakis Chief Legal and Property Officer for and on Behalf of Dudley Metropolitan Borough Council v Richards and Jerroms Limited Admn 2-Jul-1997
. .

Lists of cited by and citing cases may be incomplete.

Environment, Magistrates

Updated: 03 January 2022; Ref: scu.137830

Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos for 3,000 tons of barley, and the construction of a lorry park with wash bay and ancillary facilities, on a site close to the River Wensum. Permission was granted by the council, following consultation with the relevant statutory bodies, notably Natural England (NE) and the Environment Agency (EA), on 13 September 2011.’
Held: The appeal was dismissed. It is intrinsic to the scheme of the EIA Directive and the Regulations that the classification of the proposal is governed by the characteristics and effects of the proposal as presented to the authority, not by reference to steps subsequently taken to address those effects. Though this was a clear defect, that failure did not in the event prevent the fullest possible investigation of the proposal and the involvement of the public. There was no reason to think that a different process would have resulted in a different decision.

[2015] BLGR 593, [2015] UKSC 52, [2015] WLR(D) 333, [2015] 4 All ER 169, [2016] Env LR 5, [2015] 1 WLR 3710, UKSC 2014/0044
Bailii, WLRD, SC, SC Summary, Bailii Summary
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Conservation of Habitats and Species Regulations 2010 61
England and Wales
Citing:
At first instanceChampion v North Norfolk District Council and Another Admn 7-May-2013
The claimant challenged the grant of planning permission for the erection of silos for the storage of barley. He said that the development might adversely impact on a nearby Site of Special Scientific Interest.
Held: The judicial review . .
Appeal fromChampion, Regina (on The Application of) v North Norfolk District Council and Others CA 18-Dec-2013
The claimant had succeeded in a challenge to the grant of planning permission for the building of two barley silos. He said that the development was near and might affect Site of Special Scientic interest. The Council had at the same time said that . .
CitedBerkeley v Secretary of State For The Environment and Others HL 11-May-2000
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required.
Held: Where a planning application if . .
CitedBritish Telecommunications Plc and Bloomsbury Land Investments v Gloucester City Council Admn 26-Nov-2001
The land site to be developed was of archaeological interest and the relevance of a mitigation strategy was considered.
Held: It is for the planning authority to decide whether there are likely to be significant effects on the environment . .
CitedGillespie v Secretary of State and Another Admn 20-Jan-2003
. .
CitedBellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
CitedJones, Regina (on the Application of) v Mansfield District Council and Another CA 16-Oct-2003
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the . .
CitedLandelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc ECJ 7-Sep-2004
ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.
CitedHart District Council, Regina (on the Application of) v Secretary of State for Communities and Local Government and others Admn 1-May-2008
Sullivan J said: ‘Unlike an EIA, which must be in the form prescribed by the EIA Directive, and must include, for example, a non-technical summary, enabling the public to express its opinion on the environmental issues raised (see Berkeley v the . .
CitedRenfree v Mageean CA 30-Jun-2011
Appeal against a quashing of a decision of the planning Inspector appointed by the the Secretary of State, allowing the appellant’s appeal against the refusal of the third respondent to grant planning permission for the erection of a 1.3 megawatt . .
CitedBerky, Regina (on The Application of) v Newport City Council and Others CA 29-Mar-2012
Appeal against refusal of permission to bring judicial review proceedings in respect of a planning permission given by Newport City Council for a mixed development including the construction of a food store, and the restoration of a former . .
CitedLoader, Regina (on The Application of) v Secretary of State for Communities and Local Goverment and Others CA 29-Jun-2012
Pill LJ considered the adoption of screening opinions by local planning authorities: ‘Mr Maurici [for the Secretary of State] accepted that screening decisions will usually be made at an early stage of the planning process. However, if a council . .
CitedMinister For The Environment, Heritage And Local Government v An Bord Pleanala ECJ 11-Apr-2013
ECJ Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats – Special areas of conservation – Assessment of the implications for a protected site of a plan or project – Criteria to be . .
CitedNo Adastral New Town Ltd v Suffolk Coastal District Council and Another CA 17-Feb-2015
Richards LJ considered the language of article 6(3), which ‘focuses on the end result of avoiding damage to an SPA and the carrying out of an AA for that purpose’. He noted the difference in Sweetman between the Advocate General’s formulation, but . .
CitedRegina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another HL 23-May-2002
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be . .
CitedGemeinde Altrip v Land Rheinland-Pfalz ECJ 7-Nov-2013
ECJ Request for a preliminary ruling – Environment – Directive 85/337/EEC – Environmental impact assessment – Aarhus Convention – Directive 2003/35/EC – Right to challenge a development consent decision – . .
CitedWalton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
CitedLebus and Others, Regina (on The Application of) v South Cambridgeshire District Council Admn 27-Aug-2002
The court cionsidered the relevance of proposed mitigation measures insofar as they might mitigate environmental effects of a development in a proposed egg production unit for 12,000 free-range chickens.
Held: It should have been obvious that . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, European

Updated: 02 January 2022; Ref: scu.550390

Bundesrepublik Deutschland v Nordzucker AG: ECJ 29 Apr 2015

(Judgment) Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme in the European Union – Determination of the extent of the obligation to surrender allowances – Penalties – Article 16(1) and (3)

R. Silva de Lapuerta, P
[2015] EUECJ C-148/14
Bailii
Directive 2003/87/EC

European, Environment

Updated: 30 December 2021; Ref: scu.546203

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 quality plans under article 23(1), in accordance with a defined timetable, to end with delivery of the revised plans to the Commission not later than 31 December 2015.

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2015] UKSC 28, UKSC 2012/0179
Bailii, Bailii Summary, SC, SC Summary
Directive 2008/50/EC
England and Wales
Citing:
Appeal fromClientearth, 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 . .
At First InstanceClientearth, 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 . .
See AlsoClientearth, 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 . .
At ECJClientearth 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 . .
CitedCommission v United Kingdom (Judgment) ECJ 14-Jul-1993
ECJ 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission’ s initial failure to react to a communication addressed to it regarding the manner in which . .

Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 29 December 2021; Ref: scu.546148

Sko-Energo SRO v Odvolaci financni reditelstvi: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Protection of the ozone layer – Scheme for greenhouse gas emission allowance trading within the European Union – Method of allocating allowances – Allocation of allowances free of charge – Application of gift tax to such an allocation

C-43/14, [2015] EUECJ C-43/14, ECLI:EU:C:2015:120
Bailii

European, Environment

Updated: 28 December 2021; Ref: scu.543514

Council v Stichting Natuur En Milieu And Pesticide Action Network Europe: ECJ 13 Jan 2015

ECJ Judgment – Appeals – Regulation (EC) No 149/2008 – Regulation setting maximum residue levels for pesticides – Request for internal review of that regulation, submitted pursuant to Regulation (EC) No 1367/2006 – Commission decision declaring the request inadmissible – Measure of individual scope – Aarhus Convention – Validity of Regulation (EC) No 1367/2006 in the light of that convention

C-404/12, [2015] EUECJ C-404/12, [2014] EUECJ C-404/12 – O
Bailii, Bailii
Regulation (EC) No 149/2008, Regulation (EC) No 1367/2006

European, Environment, Agriculture

Updated: 27 December 2021; Ref: scu.541493

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 particulate matter (PM10) – Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 – Commission decision declaring the request inadmissible – Measure of individual scope – Aarhus Convention – Validity of Regulation (EC) No 1367/2006 in the light of that convention

C-401/12, [2015] EUECJ C-401/12, ECLI:EU:C:2015:4, [2014] EUECJ C-401/12 – O
Bailii, Bailii
Directive 2008/50/EC, Regulation (EC) No 1367/2006

European, Environment

Updated: 27 December 2021; Ref: scu.541494

European Commission v United Kingdom of Great Britain And Northern Ireland: ECJ 13 Feb 2014

ECJ Failure of a Member State to fulfil obligations – Public participation in decision-making and access to justice in environmental matters – Concept of ‘not prohibitively expensive’ judicial proceedings

R Silva de Lapuerta, P
[2014] EUECJ C-530/11, [2014] Env LR D2, [2014] 3 WLR 853, ECLI:EU:C:2014:67, [2014] 3 CMLR 6, [2014] WLR(D) 69
Bailii, WLRD
Directive 2003/35/EC
European
Citing:
OpinionEuropean Commission v United Kingdom of Great Britain And Northern Ireland ECJ 12-Sep-2013
ECJ Opinion – Aarhus Convention – Directive 2003/35/EC – Access to justice – Concept of ‘prohibitively expensive’ judicial procedures – Transposition . .
AT SC (1)Edwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
ECJEdwards v Environment Agency (No 2) ECJ 11-Apr-2013
ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively . .
At SC (2)Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2) SC 11-Dec-2013
The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to . .

Lists of cited by and citing cases may be incomplete.

Costs, Environment

Updated: 24 December 2021; Ref: scu.540523

Edwards v Environment Agency (No 2): ECJ 11 Apr 2013

ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively expensive’ judicial proceedings

L Bay Larsen, acting as P
[2013] EUECJ C-260/11, [2013] WLR(D) 136, [2013] 1 WLR 2914, [2013] 3 CMLR 18, [2014] All ER (EC) 207
Bailii
TFEU 267, Directive 85/337/EEC, Directive 2003/35/EC 10a, Directive 96/61/EC 15a
European
Citing:
OpinionEdwards v Environment Agency ECJ 18-Oct-2012
ECJ (Opinion) Aarhus Convention – Directive 2003/35/EC – Directive 85/337/EEC – Assessment of the effects of projects on the environment – Directive 96/61/EC – Integrated pollution prevention and control – Access . .
At HLEdwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
ReferenceEdwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
At SC (1)Edwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
ECJEuropean Commission v United Kingdom of Great Britain And Northern Ireland ECJ 12-Sep-2013
ECJ Opinion – Aarhus Convention – Directive 2003/35/EC – Access to justice – Concept of ‘prohibitively expensive’ judicial procedures – Transposition . .

Cited by:
See AlsoEuropean Commission v United Kingdom of Great Britain And Northern Ireland ECJ 12-Sep-2013
ECJ Opinion – Aarhus Convention – Directive 2003/35/EC – Access to justice – Concept of ‘prohibitively expensive’ judicial procedures – Transposition . .
ECJ (Opinion)Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2) SC 11-Dec-2013
The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to . .
ECJEuropean Commission v United Kingdom of Great Britain And Northern Ireland ECJ 13-Feb-2014
ECJ Failure of a Member State to fulfil obligations – Public participation in decision-making and access to justice in environmental matters – Concept of ‘not prohibitively expensive’ judicial proceedings . .

Lists of cited by and citing cases may be incomplete.

Environment, Costs

Updated: 24 December 2021; Ref: scu.540521

Saint-Gobain Glass Deutschland v Commission: ECFI 11 Dec 2014

ECJ (Judgment) Access to documents – Regulation (EC) No 1049/2001 – Regulation (EC) No 1367/2006 – Documents relating to the applicant’s facilities in Germany and involved in the trading system of greenhouse gas emission allowances Greenhouse – Partial refusal of access – Environmental Information – Article 6, paragraph 1, second sentence, of Regulation No 1367/2006 – Exception relating to the protection of the decision – Documents originating from a Member State – Opposition manifested by Member State – Article 4, paragraphs 3 and 5 of Regulation No 1049/2001

A. Dittrich, P
T-476/12, [2014] EUECJ T-476/12, ECLI: EU: T: 2014: 1059
Bailii
Regulation (EC) No 1049/2001, Regulation (EC) No 1367/2006

European, Environment

Updated: 24 December 2021; Ref: scu.539917

Commission v Greece: ECJ 11 Dec 2014

ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 1999/31 / EC – Articles 6, a), 8, 9 a) to c), 11, paragraph 1, and 12 – Directive 2008/98 / EC – Articles 13 , 23 and 36, paragraph 1 – Waste management – Landfill of waste – No valid landfill permit – Malfunctions in the operation of the landfill

C-677/13, [2014] EUECJ C-677/13, ECLI: EU: C: 2014 : 2433
Bailii
Directive 1999/31/EC, Directive 2008/98/EC

European, Environment

Updated: 24 December 2021; Ref: scu.539891

Budd v Colchester Borough Council: QBD 1996

This was a dog-barking case in which the Court had to consider an abatement notice. It was argued that a notice which did not specify the level of barking which constituted the nuisance and which did not specify precisely what was to be done to abate that nuisance was bad.
Held: The local authority did have a choice of merely requiring a result in a particular case although, it said, that might give rise to a ground of appeal that there was an informality, defect or error in the notice.

[1996] Env LR 128
England and Wales
Cited by:
CitedKirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Appeal fromBudd v Colchester Borough Council CA 3-Mar-1999
A nuisance notice, requiring a householder to remove a nuisance caused by barking dogs, need not specify the manner in which the nuisance was to be abated, or the degree of reduction which would be acceptable. There was no necessary implication that . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Environment

Updated: 23 December 2021; Ref: scu.184809

Commission v Italy: ECJ 15 Oct 2014

ECJ (Judgment) Failure to fulfill obligations – Environment – Directives 1999/31 / EC and 2008/98 / EC – Management plan – Integrated and adequate network of disposal installations – Obligation to set up waste treatment ensuring the best outcome for human health and environmental protection

C-323/13, [2014] EUECJ C-323/13
Bailii
Directive 1999/31/EC, Directive 2008/98/EC
European

Environment

Updated: 22 December 2021; Ref: scu.537604

DK Recycling und Roheisen v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Freedom of business – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-630/13, [2014] EUECJ T-630/13
Bailii
Directive 2003/87/EC

European, Environment

Updated: 21 December 2021; Ref: scu.537056

Raffinerie Heide v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Freedom of business – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-631/13, [2014] EUECJ T-631/13
Bailii
Directive 2003/87/EC

European, Environment

Updated: 21 December 2021; Ref: scu.537066

Arctic Paper Mochenwangen v Commission: ECFI 26 Sep 2014

ECFI Judgment – Environment – Directive 2003/87/ EC – Trading Scheme gas emissions greenhouse – Transitional rules regarding harmonized allocation of emission allowances for free in 2013 – Decision 2011/278 / EU – National implementation measures by Germany – Clause on cases with undue hardship – Freedom of business – Right to property – Proportionality

MM. A. Dittrich (Rapporteur), P
T-634/13, [2014] EUECJ T-634/13
Bailii
Directive 2003/87/ EC

European, Environment

Updated: 21 December 2021; Ref: scu.537050

Commission v Italian Republic and Greece: ECJ 4 Sep 2014

ECJ Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive 99/31/EC – Financial penalties – Imposition of a periodic penalty payment and a lump sum payment – Reduction of the periodic penalty payment in the event of partial compliance

Kokott AG
C-378/13, [2014] EUECJ C-378/13 – O, ECLI:EU:C:2014:2172, [2014] EUECJ C-378/13
Bailii, Bailii

European, Environment

Updated: 21 December 2021; Ref: scu.536488

Commission v France: ECJ 4 Sep 2014

ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Article 5(4) – Annex II.A, points 1 to 3 and 5 – Annex III.1, points 1 to 3, and Annex III.2 – Protection of waters against pollution caused by nitrates from agricultural sources – Periods for land application – Capacity of storage vessels for livestock manure – Limitation of land application – Prohibition on land application on steeply sloping ground or on snow-covered or frozen ground – Non-compliance of national legislation

R. Silva de Lapuerta, P
C-237/12, [2014] EUECJ C-237/12
Bailii
Directive 91/676/EEC 5(4)

European, Environment, Agriculture

Updated: 21 December 2021; Ref: scu.536446

An Taisce (The National Trust for Ireland), Regina (on The Application of) v Secretary of State for Energy and Climate Change and Another: CA 1 Aug 2014

The Claimant challenged by judicial review the decision of the Defendant to make an Order granting development consent for the construction of a European pressurised reactor nuclear power station at Hinkley Point in Somerset. They said that the respondent had not properly considered the effect of the works and plant on them in Ireland.

Longmore, Sullivan, Gloster LJJ
[2014] EWCA Civ 1111
Bailii
Directive 2011/92/EU
England and Wales

Planning, Environment, Utilities, European

Updated: 18 December 2021; Ref: scu.535519

Group’Hygiene v Commission: ECFI 7 Jul 2014

ECFI (Order Of The Court Of First Instance) (French Text) Action for annulment – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 2013/2/UE – rolls, tubes and cylinders on which is wound a flexible material – Professional Association – Lack of direct concern – inadmissibility

T-202/13, [2014] EUECJ T-202/13 – CO, ECLI: EU: T: 2014 664
Bailii
Directive 94/62/EC, Directive 2013/2/UE

European, Environment

Updated: 18 December 2021; Ref: scu.535362

Naturgy Energy Group v Commission (State Aid – Judgment): ECFI 8 Sep 2021

State aid – Environmental incentive measure adopted by Spain in favor of coal-fired power stations – Decision to initiate the procedure provided for in Article 108 (2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective character

T-328/18, [2021] EUECJ T-328/18, ECLI:EU:T:2021:548
Bailii
European

Utilities, Environment

Updated: 17 December 2021; Ref: scu.668111

Sustainable Shetland v The Scottish Ministers and Viking Energy Partnership for Judicial Review: SCS 9 Jul 2014

Inner House, First Division – Application regarding substantial wind farm on Shetland. The claimants said that the defenders had failed to take proper account of te effect of the proposed development on the whimbrel.

Lord Brodie
[2014] ScotCS CSIH – 60, 2014 SLT 806, 2015 SC 59, 2014 GWD 24-464, 2015 SCLR 131
Bailii
Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Electricity Act 1989
Citing:
At Outer HouseSustainable Shetland, Re Judicial Review SCS 24-Sep-2013
Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. . .
Second DivisionSustainable Shetland v The Scottish Ministers and Another SCS 3-Dec-2013
Second Division – Inner House -The petitioners challenged the grant of permission under the 1989 Act for a windfarm on Shetland. . .

Cited by:
Inner HouseSustainable Shetland v The Scottish Ministers and Another (Scotland) SC 9-Feb-2015
Wind Farm Permission Took Proper Account
Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird.
Scotland, Planning, Environment

Updated: 16 December 2021; Ref: scu.534156