Category: Environment

Aher-Waggon v Bundesrepublik Deutschland: ECJ 14 Jul 1998

ECJ (Judgment) Measures having equivalent effect – Directives on noise emissions from aircraft – Stricter domestic limits – Barrier to the importation of an aircraft – Environmental protection

Citations:

C-389/96, [1998] EUECJ C-389/96

Links:

Bailii

Jurisdiction:

European

Transport, Environment

Updated: 04 April 2022; Ref: scu.161998

Regina v Searby and Another: CACD 7 Jul 2003

The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations.
Held: The Regulations, which sought to control the use of parallel imports of pesticides, did appear to implement the regulation more tightly. The definition of what was materially identical to an approved pesticide created unnecessarily restrictions on approvals. The Directive was of direct effect. Boddington did not apply, but the importance of the case to the defendant was not properly a Boddington condition of challenging the legislation.

Judges:

Buxton LJ, Gibbs, Paget QC JJ

Citations:

Times 29-Aug-2003

Statutes:

Council Directive 91/414/EEC, Control of Pesticides Regulations 1986 (1986 No 1510), Food and Environment Protection Act 1985 16(12)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.

Crime, Environment, European

Updated: 01 April 2022; Ref: scu.185806

Office Of Communications v UK Information Commissioner: ECJ 28 Jul 2011

ECJ Public access to environmental information – Directive 2003/4/EC – Article 4 – Exceptions to the right of access – Request for access involving more than one of the interests protected under Article 4(2) of that directive)

Citations:

[2011] EUECJ C-71/10, [2012] Env LR 7, [2011] PTSR 1676, [2011] 2 Info LR 1, [2012] 1 CMLR 7

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Office Of Communications v UK Information Commissioner ECJ 10-Mar-2011
ECJ (Opinion of Advocate General Kokott) Directive 2003/4/EC – Access to environmental information – Exceptions – Public interest in disclosure – Interest served by refusal – Balancing exercise – Cumulation of . .
Lists of cited by and citing cases may be incomplete.

Environment, Information

Updated: 29 March 2022; Ref: scu.593109

Vecco and Others v Commission: ECJ 13 Jul 2017

(Authorisation – Substances of Very High Concern : Judgment) Appeal – Regulation (EC) No 1907/2006 (REACH) – Article 58(2) – Authorisation – Substances of very high concern – Exemption – Regulation amending Annex XIV to Regulation (EC) No 1907/2006 – Inclusion of chromium trioxide in the list of substances subject to authorisation

Citations:

C-651/15, [2017] EUECJ C-651/15

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 27 March 2022; Ref: scu.590528

Turkevei Tejtermelo Kft v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 13 Jul 2017

ECJ (Environment – Air Pollution : Judgment) Reference for a preliminary ruling – Environment – Articles 191 and 193 TFEU – Directive 2004/35/EC – Applicability ratione materiae – Air pollution caused by illegal waste incineration – Polluter-pays principle – National legislation establishing joint liability between the owner of the land on which the pollution occurred and the polluter

Citations:

C-129/16, [2017] EUECJ C-129/16, ECLI:EU:C:2017:547

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 27 March 2022; Ref: scu.590526

Eon Biofor Sverige AB v Statens energimyndighe: ECJ 22 Jun 2017

ECJ (Judgment) Reference for a preliminary ruling – Promotion of energy from renewable sources – Biofuels used for transport – Directive 2009/28/EC – Article 18(1) – ‘Mass balance’ system to ensure that biogas meets the prescribed sustainability criteria – Validity – Articles 34 and 114 TFEU – National legislation requiring mass balance to be carried out in a clearly demarcated area – The competent national authority admitting that this condition may be met when lasting biogas is transported by means of the national gas network – Injunction of that authority excluding that the same condition may be met in the case of imports from Other Member States of sustainable biogas via interconnected national gas networks – Free movement of goods

Citations:

ECLI:EU:C:2017:490, [2017] EUECJ C-549/15

Links:

Bailii

Statutes:

Directive 2009/28/EC

Jurisdiction:

European

Utilities, Environment

Updated: 27 March 2022; Ref: scu.588264

Gert Folk C-529/15: ECJ 1 Jun 2017

ECJ (Environmental Liability – Temporal Scope of Application – Operation of A Hydroelectric Power Plant : Judgment) Reference for a preliminary ruling – Environmental liability – Directive 2004/35/EC – Article 17 – Temporal scope of application – Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired- Article 2(1)(b) – Concept of ‘environmental damage’ – National law excluding all damage covered by an authorisation – Article 12(1) – Access to justice in environmental matters – Locus standi – Directive 2000/60/EC – Article 4(7) – Direct effect

Citations:

ECLI:EU:C:2017:419, [2017] EUECJ C-529/15

Links:

Bailii

Jurisdiction:

European

Utilities, Environment

Updated: 27 March 2022; Ref: scu.588269

The Department for Business, Energy and Industrial Strategy v The Information Commissioner and Another: CA 29 Jun 2017

The court heard and appeal as to whether information about the smart meter Programme was environmental information subject to the regulations.

Judges:

Beatson, David Richards, Irwin LJJ

Citations:

[2017] EWCA Civ 844

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Jurisdiction:

England and Wales

Environment, Information

Updated: 27 March 2022; Ref: scu.588335

Young and Co v Bankier Distillery and Others: HL 27 Jul 1893

A mine-owner held ( aff. decision of the First Division) not entitled to pump water from the mine into a river, although he may not unfit the river for primary purposes, but only for special purposes for which it is in its natural state peculiarly adapted.

Judges:

Lord Chancellor (Herschell), and Lords Watson, Ashbourne, Macnaghten, Morris, and Shand

Citations:

[1893] UKHL 964, 30 SLR 964

Links:

Bailii

Jurisdiction:

Scotland

Environment

Updated: 26 March 2022; Ref: scu.633306

Vg Cistoca v Vladika: ECJ 30 Mar 2017

ECJ Judgment : Reference for A Preliminary Ruling – Environment – Waste – Directive 2008/98/EC – Recovery of waste management costs – Polluter-pays principle – Concept of ‘waste holders’ – Price charged for waste management – Special levy intended to finance capital investments

Citations:

[2017] WLR(D) 228, [2017] EUECJ C-335/16, ECLI:EU:C:2017:242

Links:

Bailii, WLRD

Jurisdiction:

European

Environment

Updated: 24 March 2022; Ref: scu.581710

Green Network SpA v Per l’energia autorita elettrica e il gas: ECJ 26 Nov 2014

Reference for a preliminary ruling – National support scheme for the consumption of electricity produced from renewable energy sources – Obligation of electricity producers and importers to feed into the national grid a certain quantity of electricity produced from renewable energy sources or, failing that, to purchase ‘green certificates’ from the competent authority – Evidence of such feeding into the grid requiring certificates to be submitted demonstrating the green origin of electricity produced or imported – Acceptance of certificates issued in a third State subject to the conclusion of a bilateral agreement between that third State and the Member State concerned or an agreement between the national grid manager and an equivalent authority of that third State – Directive 2001/77/EC – External competence of the Community – Cooperation in good faith

Citations:

[2014] EUECJ C-66/13 – J, ECLI:EU:C:2014:2399

Links:

Bailii

Statutes:

Directive 2001/77/EC

Jurisdiction:

European

Citing:

Opinion – Green Network SpA v Per l’energia autorita elettrica e il gas ECJ 13-Mar-2014
ECJ Opinion – Environment – Promotion of renewable energy sources – Directive 2001/77/EC – Guarantees of Origin – Conclusion by a Member State of a bilateral agreement with the Swiss Confederation on the . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 23 March 2022; Ref: scu.580689

Commission v Spain C-563/15: ECJ 15 Mar 2017

ECJ (Judgment) Failure of a Member State to fulfill obligations – Environment – Directive 2008/98 / EC – Articles 13 and 15 – Waste management – Protection of human health and the environment – Liability – Landfills

Citations:

ECLI:EU:C:2017:210, [2017] EUECJ C-563/15

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 23 March 2022; Ref: scu.580697

Arcelormittal Rodange and Schifflange SA v State of the Grand Duchy of Luxembourg: ECJ 8 Mar 2017

ECJ (Judgment) Reference for a preliminary ruling – Environment – Scheme for greenhouse gas emissions allowance trading in the European Union – Directive 2003/87/EC – Article 3(a) – Articles 11 and 12 – Cessation of activities of an installation – Surrender of unused allowances – Period from and including 2008 to 2012 – No compensation – Broad logic of the greenhouse gas emissions allowance trading scheme

Citations:

C-321/15, [2017] EUECJ C-321/15

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 23 March 2022; Ref: scu.580693

J D v Prezes Urzedu Regulacji Energetyki: ECJ 2 Mar 2017

ECJ (Judgment) Reference for a preliminary ruling – Environment – Directive 2009/28/EC – The second subparagraph of Article 2(a) – Energy from renewable sources – Hydropower – Meaning – Energy produced in a small-scale hydropower plant located at the point of discharge of industrial waste water from another plant

Citations:

C-4/16, [2017] EUECJ C-4/16

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 09 February 2022; Ref: scu.579679

European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale: ECJ 8 Sep 2011

Air transport – Directive 2002/30/EC – Noise-related operating restrictions at Community airports – Noise level limits that must be observed when overflying built-up areas near an airport

Citations:

[2011] EUECJ C-120/10

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Opinion – European Air Transport v College d’Environnement de la Region de Bruxelles-Capitale ECJ 17-Feb-2011
ECJ (Opinion) Air transport – Directive 2002/30/EC – Definition of ‘operating restrictions’ – Noise limits at source which must be observed when overflying built-up areas near an airport – Possibility of adopting . .
Lists of cited by and citing cases may be incomplete.

Transport, Environment

Updated: 09 February 2022; Ref: scu.655414

Turkevei Tejtermelo KFT v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 16 Feb 2017

ECJ (Advocate Generals Opinion) Environment – Directive 2004/35/EC – Environmental liability with regard to the prevention and remedying of environmental damage – Directive 2008/98/EC – Waste – Polluter-pays principle – Proportionality – Presumption of innocence – Air pollution caused by illegal waste incineration – Shared responsibility of the owner of the land where the environmental pollution occurred and the polluter

Judges:

Kokott AG

Citations:

ECLI:EU:C:2017:136, [2017] EUECJ C-129/16 – O

Links:

Bailii

Statutes:

Directive 2004/35/EC

Jurisdiction:

European

Environment

Updated: 09 February 2022; Ref: scu.579665

Housieaux v Delegues du conseil de la Region de Bruxelles-Capitale: ECJ 21 Apr 2005

ECJ Directive 90/313/EEC – Freedom of access to information on the environment – Request for information – Requirement to give reasons in the event of refusal – Mandatory time-limit – Failure of a public authority to respond within the time-limit for reply – Implied refusal – Fundamental right to effective judicial protection

Citations:

C-186/04, [2005] EUECJ C-186/04, [2006] Env LR 2, [2005] 2 CMLR 53

Links:

Bailii

Statutes:

Directive 90/313/EEC

Jurisdiction:

European

Environment, Information

Updated: 07 February 2022; Ref: scu.224399

Cali Esprou (Environment – Packaging and Packaging Waste – Judgment): ECJ 15 Mar 2018

Reference for a preliminary ruling ? Directive 94/62/EC ? Packaging and packaging waste ? Recovery and recycling of waste ? National environmental fund contribution ? National marketing of packaged products and their packaging, without alteration ? ‘Polluter-pays’ principle ? Status of polluter

Citations:

C-104/17, [2018] EUECJ C-104/17, ECLI:EU:C:2018:188

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 06 February 2022; Ref: scu.606486

National Trust v Secretary of State for Environment: Admn 17 Dec 1998

The claimant applied to have quashed the East Sussex County Council (Crowlink Car Park To Flagstaff Point, East Dean and Friston No 37 Definitive Map Modification Order 1997. The Order modified the County Council’s definitive map and statement of public rights by adding a public footpath which runs from the car park at Crowlink to a junction with the South Downs Way at Flagstaff Point at Friston across land owned by the National Trust. It was conceded by the Secretary of State that that his decision could not stand, but the parties disagreed as to the grounds on which it might be quashed.
Held: Kay J considered the grounds to assist the County Council in considering whether a fresh order should be made in an attempt to avoid further litigation.

Judges:

Kay J

Citations:

[1998] EWHC Admin 1142, [1999] JPL 697, [1998] NPC 166, [1999] COD 235

Links:

Bailii

Statutes:

Wildlife and Countryside Act 1981

Jurisdiction:

England and Wales

Cited by:

Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption . .
Lists of cited by and citing cases may be incomplete.

Environment, Land

Updated: 03 February 2022; Ref: scu.139264

International Association of Independent Tanker Owners and others v Secretary of State for Transport: ECJ 3 Jun 2008

Maritime transport Ship-source pollution Directive 2005/35/EC – Validity United Nations Convention on the Law of the Sea Marpol 73/78 Convention – Legal effects of the Conventions – Ability to rely on them Serious negligence – Principle of legal certainty

Citations:

[2008] EUECJ C-308/06, [2008] ECR I-4057, [2008] 3 CMLR 9, [2008] 2 Lloyd’s Rep 260

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – International Association of Independent Tanker Owners and others v Secretary of State for Transport ECJ 20-Nov-2007
ECJ (Environment and Consumers) Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) (United Kingdom). Directive 2005/35/EC . .

Cited by:

Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 03 February 2022; Ref: scu.577289

WWF and Others v Autonome Provinz Bozen and Others C-435/97: ECJ 16 Sep 1999

ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects

Citations:

ECLI:EU:C:1999:418, [1999] ECR I-5613, [1999] EUECJ C-435/97

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 03 February 2022; Ref: scu.577288

M’Intyre Brothers v M’Gavin: HL 16 Jun 1893

The proprietors of bleachfields bounded by the medium filum of the Dighty, a sluggish polluted stream, used from time immemorial for manufacturing purposes, sank a tank into the bed of that stream at its junction with the Fithie, a quickly flowing stream of pure water, in order to obtain for their works some of the pure water of the Fithie. After being impounded and used in the works the water was returned to the Dighty undiminished in quantity. Before the water was abstracted in this way the riparian proprietors below the junction of the two rivers were able to use the water for agricultural and bleaching purposes, but the result of the operations was that the flow became more irregular, and the water was sometimes so polluted as to be unfit for these uses.
Held (aff. judgment of the Second Division) that the proprietors of the bleachfield were not entitled to take the water of the Dighty in any other way or place than those sanctioned by their prescriptive right, and could not use it so as to add to the pollution of the stream.

Judges:

Lord Chancellor (Herschell), and Lords Watson, Ashbourne, Macnaghten, Morris, and Shand

Citations:

[1893] UKHL 941, 30 SLR 941

Links:

Bailii

Jurisdiction:

Scotland

Environment

Updated: 03 February 2022; Ref: scu.633301

The Chagos Refugees Group In Mauritius Chagos Social Committee (Seychelles) v Information Commissioner (Environmental Information Regulations 2004): FTTGRC 4 Sep 2012

Whether adequate search for information – proportionality – whether Tribunal should infer that further information held – whether material retained by external cnsultants was information held by the public authority – exception – regulation 12(4)(e) – internal communications – need for safe place – public interest balance – regulation 12(1)(b), regulation 12(2) – weighing of balance in case where disclosure would be of a relatively small amount of information on matters of considerable legitimate public interest

Citations:

[2012] UKFTT 2011 – 0300 (GRC)

Links:

Bailii

Statutes:

Environmental Information Regulations 2004

Jurisdiction:

England and Wales

Information, Environment

Updated: 02 February 2022; Ref: scu.464742

Plan B Earth and Others, Regina (on The Application of) v The Prime Minister and Others: Admn 21 Dec 2021

Renewed application for permission to apply for judicial review. The Claimants seek to challenge the lawfulness of the policies of the UK Government relating to climate change.

Judges:

The Hon Mr Justice Bourne

Citations:

[2021] EWHC 3469 (Admin)

Links:

Bailii

Statutes:

Climate Change Act 2008 13 58

Jurisdiction:

England and Wales

Environment

Updated: 02 February 2022; Ref: scu.670729

Terre Wallonne v Wallonia: ECJ 17 Jun 2010

ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action programmes in respect of vulnerable zones

Citations:

[2010] EUECJ C-110/09, [2010] ECR I-5611

Links:

Bailii

Statutes:

Directive 2001/42/EC, Directive 91/676/EEC

Jurisdiction:

European

Citing:

Opinion – Terre Wallonne v Wallonia ECJ 4-Mar-2010
ECJ Directive 2001/42 / EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676 / EEC – Protection of waters against pollution caused by nitrates from agricultural . .

Cited by:

Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.

Consumer, Environment

Updated: 31 January 2022; Ref: scu.575308

Ogale Community and Others v Royal Dutch Shell Plc and Another: CA 14 Feb 2018

The claimants sought damages after widescale historic damage to areas of Nigeria by subsidiaries of the defendant. The defendant said that the court did not have jurisdiction to hear such a claim.
Held: The claimants had not established the existence of a duty of care in the respondent, and the case would be bound to fail.

Judges:

Sir Geoffrey Vos CH, Sales, Simon LJJ

Citations:

[2018] EWCA Civ 191, [2018] WLR(D) 92, [2018] Bus LR 1022

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

At FTT – HRH Emere Godwin Bebe Okpabi and Others v Royal Dutch Shell Plc and Another TCC 26-Jan-2017
Claims for damages arising from failures in oil pipeline management in Nigeria. . .

Cited by:

Appeal from (CA) – Okpabi and Others v Royal Dutch Shell Plc and Another SC 12-Feb-2021
. .
Cited – Vedanta Resources Plc and Another v Lungowe and Others SC 10-Apr-2019
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. . .
Lists of cited by and citing cases may be incomplete.

Environment, Torts – Other, Negligence

Updated: 30 January 2022; Ref: scu.605187

Schafer Kalk GmbH and Co KG v Bundesrepublik Deutschland: ECJ 19 Jan 2017

ECJ (Judgment) Reference for a preliminary ruling – Environment – Scheme for greenhouse gas emission allowance trading within the European Union – Directive 2003/87/EC – Monitoring plan – Regulation (EU) No 601/2012 – Article 49(1) and point 10 of Annex IV – Calculation of the emissions of an installation – Subtraction of carbon dioxide (CO2) transferred – Exclusion of CO2 used in the production of precipitated calcium carbonate – Legality of the exclusion

Citations:

C-460/15, [2017] EUECJ C-460/15

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 28 January 2022; Ref: scu.573267

Regina v RL and JF: CACD 28 Aug 2008

Club, not members, prosecutable for breach

The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not lie against the defendants in the absence of personal culpability.
Held: The Act made no provision to allow prosecution of unincorporated associations, and no general policy could be derived for construing such provisions, because there were such a wide range of provsions. It was not possible to draw from the absence of provisions a conclusion that unincorporated associations could not be prosecuted. In this case the offence was one of strict liability falling on the owner of the land. In every sense that in practice meant the association. Any penalty would be set by reference to the means not of the two defendants but of the club, and any conviction might have real consequences for a defendant; ‘We conclude that the judge was right in his first decision. The prosecution of the club was permissible in law. The definition of ‘person’ in the Interpretation Act 1978 applied and no contrary intention appeared.’
The judge had decided that section 217 of the 1991 meant that the club’s officers could not be prosecuted. The Act contained no ‘officers’ liability’ provision, but the judge went too far in reading into the Act a provision limiting the liability of officers in an unincorporated association to the equivalent responsibility of those in a company. Unincorporated associations varied too widely. ‘a prosecution for the strict liability offence of causing polluting matter to enter controlled waters may be brought, on the facts of this case, against either the club in its own name, or against individual members. It is for the Crown in any individual case to determine the defendant(s) whom it seeks to prosecute. The court would interfere only in the very limited case of oppression involving abuse of process.’
Hughes LJ said: ‘There are probably almost as many different types of unincorporated association as there are forms of human activity. This particular one was a club with 900 odd members, substantial land, buildings and other assets, and it had no doubt stood as an entity in every sense except the legal for many years. But the legal description ‘unincorporated association’ applies equally to any collection of individuals linked by agreement into a group. Some may be sold and permanent; others may be fleeting, and/or without assets. A village football team, with no constitution and a casual fluctuating membership, meeting on a Saturday morning on a rented pitch, is an unincorporated association, but so are a number of learned societies with large fixed assets and detailed constitutional structures . .’

Judges:

Hughes LJ, David Clarke J,Blair J

Citations:

[2008] EWCA Crim 1970, [2009] 1 All ER 786

Links:

Bailii

Statutes:

Criminal Justice Act 2003 58, Water Resources Act 1991 217(1), Interpretation Act 1978 5

Jurisdiction:

England and Wales

Citing:

Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – Lockwood, Regina v CACD 1-May-2008
. .
Cited – Regina v R CACD 29-Feb-2008
The court considered the application of section 58 to prosecution appeals and the use of the ‘acquittal agreement’. . .
Cited – W Stevenson and Sons (A Partnership) and Another v Regina CACD 25-Feb-2008
The defendant partnership had been convicted of offences of failing to submit sales notes of the results of its fish auctions. Some individual partners sought to appeal.
Held: The statute could make a partnership liable as a separate entity. . .
Cited – Taff Vale Railway Co v Amalgamated Society of Railway Servants HL 22-Jul-1901
A trade union, an unincorporated association, could be sued in its own name despite the absence of any statutory provision permitting it. Lord Lindley said that the problem of how to adapt legal proceedings to unincorporated societies consisting of . .
Cited – Regina v Clerk to Croydon Justices ex parte Chief Constable of Kent QBD 1989
A partnership or an unincorporated association could be registered as a fine defaulter if it failed to pay a fixed penalty arising from its ownership of a motor vehicle; that was because the statutory definition of defaulter depended on the use of . .
Cited – Davey v Shawcroft 1948
The court was asked whether an agent of the committee of an unincorporated association, who was personally responsible for a breach of the licence terms, was properly convicted.
Held: Lord Goddard CJ said that section 19 meant that an . .
Cited – Attorney-General v Able and Others QBD 28-Apr-1983
The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing . .

Cited by:

Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and . .
Lists of cited by and citing cases may be incomplete.

Crime, Company, Environment

Updated: 28 January 2022; Ref: scu.273131

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

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

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

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

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

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

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

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 Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .
See Also – Royal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See Also – The 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:
Cited – Camden 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 . .
Cited – Thames 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 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 compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
See Also – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 28-Nov-2013
Expedited procedure . .

Cited by:
At ECJ – 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: . .

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