swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Environment - From: 1991 To: 1991
This page lists 5 cases, and was prepared on 27 May 2018.
Regina v Swale Borough Council, ex parte Royal Society for the Protection of Birds; 1991 - [1991] 1 PLR 6
Fredin v Sweden [1991] 13 EHRR 784; 12033/86; [1991] ECHR 2
18 Feb 1991
ECHR
Human Rights, Environment, Planning
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of years, but the owner had known that its future was uncertain because of the possibility of revocation. It contended that it should have had more time in which to close down and that it had made investments which should have been allowed to be more fully exploited. Held: The time given was reasonable. Disputes under planning rules could affect civil rights to build on the applicant's land. Signatory states enjoy a wide 'margin of appreciation' in this area relating to the control of the use of land in the public interest for environmental reasons, and that the controls prescribed or interferences involved must be without any reasonable foundation if the court is to regard them as disproportionate.
European Convention on Human Rights P-1 A-1
1 Citers
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Save Britain's Heritage v Number 1 Poultry Ltd; HL 28-Feb-1991 - [1991] 1 WLR 153; Times, 01 March 1991; [1991] 2 All ER 10; [1991] 62 P and CR 105
Commission v Germany (Order) (Judgment) C-57/89; [1991] ECR I-883; [1991] EUECJ C-57/89
28 Feb 1991
ECJ
European, Environment
Europa (Order) APPLICATION for interim measures to suspend temporarily the construction work being carried out under a coastal protection project in the area of the Leybucht, pursuant to a decision of 25 September 1985 granting planning permission, in a protection area covered by Article 4(1 ) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds
Although the Member States do have a certain discretion with regard to the choice of the territories which are most suitable for classification as special protection areas pursuant to Article 4(4) of Directive 79/409 on the conservation of wild birds, they do not have the same discretion to modify or reduce the extent of such areas, which contain the most suitable environments for the species listed in Annex I, and thus unilaterally escape from the obligations imposed on them by Article 4(4) of the directive.
The power of the member States to reduce the extent of special protection areas can be justified only on exceptional grounds corresponding to a general interest which is superior to the general interest represented by the ecological objective of the directive. In that context the economic and recreational requirements referred to in Article 2 of the directive do not enter into consideration, since that provision does not constitute an autonomous derogation from the system of protection established by the directive
1 Citers
[ Bailii ]
Commission v Germany (Rec 1991,P I-825) (Judgment) C-131/88; [1991] EUECJ C-131/88; [1991 ECR 1-825
28 Feb 1991
ECJ
European, Environment
Europa Measures adopted by the Community institutions - Directives - Implementation by the Member States - Implementation of a directive without legislative action - Conditions - Existence of a general legal context which guarantees full application of the directive - Mere administrative practices inadequate. Approximation of laws - Protection of groundwater - Directive 80/68 - Need for precise transposition by the Member States. Measures adopted by the institutions - Directives - Implementation by the Member States - Reliance on measures adopted by regional or local authorities - Permissibility - Limits.
1 Citers
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