Category: Environment

Stichting Varkens In Nood and Others: ECJ 14 Jan 2021

Reference for a preliminary ruling – Aarhus Convention – Article 9(2) and (3) – Access to justice – No access to justice for the public other than the public concerned – Admissibility of the action subject to prior participation in the decision-making procedure)
Orse – LB v College van burgemeester en wethouders van de gemeente Echt-Susteren; Sebava BV
[2021] EUECJ C-826/18, [2021] WLR(D) 43, [2021] PTSR 735, ECLI:EU:C:2021:7
Bailii, WLRD
European
Citing:
Opinion – Stichting Varkens In Nood and Others ECJ 2-Jul-2020
LB v College van burgemeester en wethouders van de gemeente Echt-Susteren; Sebava BV – Reference for a preliminary ruling – Aarhus Convention – Article 6 – Participation rights – Public participation procedure – Article 2(4) and (5) – ‘The public’ . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.665986

Stichting Varkens In Nood and Others: ECJ 2 Jul 2020

LB v College van burgemeester en wethouders van de gemeente Echt-Susteren; Sebava BV – Reference for a preliminary ruling – Aarhus Convention – Article 6 – Participation rights – Public participation procedure – Article 2(4) and (5) – ‘The public’ and ‘the public concerned’ – Personal scope of application – Article 9(2) and (3) – Access to justice – Standing – Charter of Fundamental Rights of the European Union – Article 47 and Article 52(1) – Right to effective judicial protection – Directive 2011/92/EU – Articles 6 and 11 – Directive 2010/75/EU – Articles 24 and 25 – Condition of prior participation – Procedural autonomy
C-826/18, [2020] EUECJ C-826/18_O, ECLI:EU:C:2020:514
Bailii
European
Cited by:
Opinion – Stichting Varkens In Nood and Others ECJ 14-Jan-2021
Reference for a preliminary ruling – Aarhus Convention – Article 9(2) and (3) – Access to justice – No access to justice for the public other than the public concerned – Admissibility of the action subject to prior participation in the . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.660408

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 granted: ‘The court is satisfied that it should grant the declaration sought, the relevant breach of article 13 having been clearly established. The fact that the breach has been conceded is not, in the court’s view, a sufficient reason for declining to grant a declaration, where there are no other discretionary bars to the grant of relief. Such an order is appropriate both as a formal statement of the legal position, and also to make clear that, regardless of arguments about the effect of articles 22 and 23, the way is open to immediate enforcement action at national or European level. ‘
Lord Hope, Deputy President, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath
[2013] UKSC 25
Bailii, Bailii Summary
Directive 2008/50/EC
England and Wales
Citing:
At First instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .

Cited by:
See Also – 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: . .
Reference from – Clientearth v The Secretary of State For The Environment, Food And Rural Affairs ECJ 28-Nov-2013
Expedited procedure . .
Reference from – 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 . .

These lists may be incomplete.
Updated: 19 June 2021; Ref: scu.503499

Commission v Luxembourg (Environment and Consumers): ECJ 30 Nov 2006

Europa Failure of a Member State to fulfil obligations – Environment – Directive 2000/60/EC – Failure to notify implementing measures – Obligation to adopt framework legislation in national law ‘None’ Incomplete implementation of or failure to implement Articles 2, 7(2) and 14.
[2006] EUECJ C-32/05, [2006] ECR I-11323
Bailii
European

Updated: 26 March 2021; Ref: scu.246789

Commission 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 – ‘Kompleks Kaliakra’ special protection area – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Temporal application of the EU rules – Deterioration of natural habitats and habitats of species and disturbance of species – Wind power – Tourism
References: C-141/14, [2015] EUECJ C-141/14 – O
Links: Bailii
Judges: Kokott AG
Statutes: Directive 2009/147/EC
Jurisdiction: European
This case is cited by:

  • Opinion – Commission v Bulgaria ECJ 14-Jan-2016 (, [2016] EUECJ C-141/14)
    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 . .

These lists may be incomplete.
Last Update: 16 October 2020; Ref: scu.559126

Grune Liga Sachsen and Others v Freistaat Sachsen: ECJ 14 Jan 2016

ECJ Reference for a preliminary ruling – Directive 92/43/EEC – Article 6(2) to (4) – Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out – Review of the project after the site was included in that list – Rules governing that review – Consequences of the completion of the project for the choice of alternatives
References: [2016] EUECJ C-399/14
Links: Bailii
Statutes: Directive 92/43/EEC 6
This case cites:

  • Opinion – Grune Liga Sachsen and Others v Freistaat Sachsen (Advocate General’s Opinion) ECJ 24-Sep-2015 (C-399/14, , [2015] EUECJ C-399/14 – O)
    Habitats Directive – Special areas of conservation – Site included on the list of sites of Community importance after a construction project was authorised within the site but before work began – Whether necessary to review the initial assessment of . .

These lists may be incomplete.
Last Update: 16 October 2020; Ref: scu.559140

Grune Liga Sachsen and Others v Freistaat Sachsen (Advocate General’s Opinion): ECJ 24 Sep 2015

Habitats Directive – Special areas of conservation – Site included on the list of sites of Community importance after a construction project was authorised within the site but before work began – Whether necessary to review the initial assessment of the project – Rules governing such review – Consequences of completing the project, pursuant to definitive planning approval, before a final decision could be reached as to the validity of the assessment and review
References: C-399/14, [2015] EUECJ C-399/14 – O
Links: Bailii
Judges: Sharpston AG
Statutes: Directive 92/43/EEC 6
Jurisdiction: European
This case is cited by:

  • Opinion – Grune Liga Sachsen and Others v Freistaat Sachsen ECJ 14-Jan-2016 (, [2016] EUECJ C-399/14)
    ECJ Reference for a preliminary ruling – Directive 92/43/EEC – Article 6(2) to (4) – Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out . .

These lists may be incomplete.
Last Update: 16 October 2020; Ref: scu.559127

SC Total Waste Recycling SRL v Orszagos Kornyezetvedelmi es Termeszetvedelmi Fofelugyeloseg: ECJ 26 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Environment – Waste – Shipments – Regulation (EC) No 1013/2006 – Shipments within the European Union – Point of entry different from that specified in the notification and in the prior consent – Essential change to the details of a shipment of waste – Illegal shipment – Proportionality of the administrative fine
References: C-487/14, [2015] EUECJ C-487/14, ECLI:EU:C:2015:780
Links: Bailii
Statutes: Regulation (EC) No 1013/2006

Last Update: 15 October 2020; Ref: scu.556130

Pontina Ambiente v Regione Lazio (Environment And Consumers); 25 Feb 2010

References: C-172/08, [2010] EUECJ C-172/08
Links: Bailii
Coram: C Toader, P
ECJ Environment Directive 1999/31/EC Article 10 Special levy on the disposal of solid waste in landfills Operator of a landfill subject to that levy Operating costs of a landfill Directive 2000/35/EC Default interest
Statutes: Directive 1999/31/EC, Directive 2000/35/EC
This case cites:

Commission v Spain: ECJ 8 Sep 2005

References: C-121/03
ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive 80/778/EEC – Quality of water intended for human consumption.