Tag: Environment

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

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

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

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

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

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

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

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 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

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

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

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 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 . .
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 . .
See Also – 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 . .
At ECJ – 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 . .
Cited – Commission 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

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:
Opinion – European 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 . .
ECJ – 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 . .
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:
Opinion – Edwards 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 HL – Edwards, 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 . .
Reference – 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 . .
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 . .
ECJ – European 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 Also – European 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 . .
ECJ – 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 . .

Lists of cited by and citing cases may be incomplete.

Environment, Costs

Updated: 24 December 2021; Ref: scu.540521

Commission Of The European Communities v Hellenic Republic: ECJ 10 Sep 2009

ECJ (Judgment Of The Court (Fifth Chamber)) Failure of a Member State to fulfil obligations – Environment – Directives 2006/12/EC and 91/689/EEC – Hazardous waste – Obligation to draw up and adopt a hazardous-waste management plan – Obligation to establish an integrated and adequate network of disposal installations for hazardous waste – Directive 1999/31/EC – Landfill of waste – Disposal of hazardous waste

C-286/08, [2009] EUECJ C-286/08
Bailii

European, Environment

Updated: 04 December 2021; Ref: scu.526153

Champion, 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 there was no requirement for an environmental impact assessment, and that it had to impose conditions which were only available if a threat existed requiring an assessment.
Held:

Richards, Lewison LJJ, Coleridge J
[2013] EWCA Civ 1657
Bailii
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Conservation of Habitats and Species Regulations 2010 61
England and Wales
Citing:
Appeal from – Champion 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 . .

Cited by:
Appeal from – 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 . .

Lists of cited by and citing cases may be incomplete.

Planning, European, Environment

Updated: 27 November 2021; Ref: scu.519217

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

Expedited procedure

C-404/13, [2013] EUECJ C-404/13
Bailii
Citing:
Reference from – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .

Cited by:
See Also – 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 . .

Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 26 November 2021; Ref: scu.518883

Regina v Yorkshire Water Services Ltd: CACD 16 Nov 2001

The defendant company was sentenced for supplying water which was below standard. The fine imposed was calculated according to the number of consumers affected.
Held: When considering the level of fine, the court should look to, the degree of culpability; damage caused; the previous record; the need for balance between censure and any counter-productive effect, in the light of efforts to remedy the situation; and the acts of the water authority after the events in question. The number of complainants should not be used as a multiplier.

Lord Justice Mance and Mr Justice Rougier
Times 12-Dec-2001
Water Industry Act 1991 70(1)
England and Wales
Citing:
Cited – Regina v F Howe and Son (Engineers) Limited CACD 6-Nov-1998
The general run of fines imposed for Health and Safety breaches is too low. Penalties should be increased where the standards were compromised for cost cutting, for the degree of lapse, and where a fatality resulted. The same standards apply for . .

Lists of cited by and citing cases may be incomplete.

Environment, Criminal Sentencing

Updated: 23 November 2021; Ref: scu.167015

Commission of The European Communities v United Kingdom (Third Chamber) C-390/07: ECJ 10 Dec 2009

ECJ Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Urban waste water treatment – Article 3(1) and (2), Article 5(1) to (3) and (5) and Annexes I and II – Initial failure to identify sensitive areas – Concept of ‘eutrophication’ – Criteria – Burden of proof – Relevant date when considering the evidence – Implementation of collection obligations – Implementation of more stringent treatment of discharges into sensitive areas

[2009] EUECJ C-390/07, [2010] Env LR D3, [2009] ECR I-214
Bailii
Directive 91/271/EEC
European

Environment

Updated: 20 November 2021; Ref: scu.515365

Stichting Greenpeace Nederland, Pesticide Action Network Europe (Pan Europe) v European Commission: ECJ 8 Oct 2013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the first authorisation of the placing on the market of the active substance ‘glyphosate’ – Partial refusal of access – Risk of an adverse effect on the commercial interests of a natural or legal person – Article 4(5) of Regulation No 1049/2001 – Overriding public interest – Regulation (EC) No 1367/2006 – Article 6(1) of Regulation No 1367/2006 – Directive 91/414/EEC

N J Forwood, P
T-545/11, [2013] EUECJ T-545/11
Bailii
European

Information, Environment

Updated: 11 November 2021; Ref: scu.516354

Clientearth v European Commission: ECJ 13 Sep 2013

clientearth_ec092013

ECJ Access to documents – Regulation (EC) No 1049/2001 – Studies received by the Commission concerning the transposition of directives on the environment – Partial refusal of access – Exception relating to protection of the purpose of inspections, investigations and audits – Specific and individual assessment – Compatibility with the Aarhus Convention – Overriding public interest – Consequences of exceeding the period for the adoption of an express decision – Extent of the obligation actively to disseminate environmental information

H. Kanninen P
T-111/11, [2013] EUECJ T-111/11
Bailii
Regulation (EC) No 1049/2001
Citing:
See Also – ClientEarth v European Commission ECFI 13-Nov-2012
ECFI Actions for annulment – Access to documents – Regulation (EC) No 1049/2001 – Implied refusal of access – Period allowed for commencing proceedings – Delay – Manifest inadmissibility . .

Lists of cited by and citing cases may be incomplete.

European, Information, Environment

Updated: 11 November 2021; Ref: scu.515263

DK Recycling und Roheisen v Commission: ECJ 22 Jun 2016

(Judgment) Appeal – Environment – Directive 2003/87/EC – Article 10a – Scheme for greenhouse gas emission allowance trading – Transitional rules for harmonised free allocation of emission allowances from 2013 – Decision 2011/278/EU – National implementation measures submitted by the Federal Republic of Germany – Rejection of the inscription of certain installations on the lists of installations receiving free allocations of emission allowances – Provision relating to cases of ‘undue hardship’ – Implementing powers of the Commission

ECLI:EU:C:2016:469, [2016] EUECJ C-540/14
Bailii
Directive 2003/87/EC

European, Environment

Updated: 09 November 2021; Ref: scu.565857

Commission v Greece C-584/14: ECJ 7 Sep 2016

Waste Management Compliance Failures

ECJ (Judgment) Failure of a Member State to fulfil obligations – Environment – Directive 2006/12/EC – Directive 91/689/EEC – Directive 1999/31/EC – Waste management – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Pecuniary penalties – Periodic penalty payment – Lump sum

[2016] EUECJ C-584/14, ECLI:EU:C:2016:636
Bailii
Directive 2006/12/EC, Directive 91/689/EEC, Directive 1999/31/EC, TFEU 260(2)
European

European, Environment

Updated: 09 November 2021; Ref: scu.569042

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition.
Held: The challenge was rejected. Whether an EIA was required for a demolition was presently before the European Court of Justice. Planning permission is not required for demolition of any listed building; any building in a conservation area, any scheduled monument, or any building that is neither a dwelling nor adjoining a dwelling. This has no application to the partial demolition of any of those types of building and those types of building falling within (a) to (c) are subject to separate regulatory regimes.
Whilst planning permission is not required for demolition within the scope of the Demolition Direction, such demolition is subject to the regulatory regime set out in s.80-83 of the Building Act 1984. Demolition without reconstruction is not ‘development’ (because such is on its natural meaning the construction of a new building or new buildings or the alteration or refurbishment of an existing building or buildings)’
In any event the size of the proposed scheme also took it outside the EIA Regulations.

Pellings J QC
[2010] EWHC 979 (Admin), [2010] NPC 57, [2010] JPL 1429, [2011] Env LR 6
Bailii
Town and Country Planning (Demolition – Description of Buildings) Direction 1995, Environmental Impact Assessment Directive (85/337/EEC), Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Building Act 1988 80, Town and Country Planning Act 1990 55, General Permitted Development Order 1995
England and Wales
Citing:
Cited – Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
Cited – Ecologistas En Accion-Coda v Ayuntamiento de Madrid ECJ 25-Jul-2008
EU Environment And Consumers – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of projects on the environment – Refurbishment and improvement works on urban roads – Whether subject to assessment. . .
Cited – Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd 1992
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site . .
Cited – Shimizu (UK) Ltd v Westminster City Council HL 11-Feb-1997
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed . .
Cited – Landelijke 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.
Cited – Edwards, 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 . .
Cited – Mortell, Regina (on the Application of) v Oldham Metropolitan Borough Admn 30-Mar-2007
The claimant sought orders quashing planning permissions granted for the re-development of land around Derker Station. . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, European

Updated: 09 November 2021; Ref: scu.414966

Commission v United Kingdom C-304/15: ECJ 21 Sep 2016

Control of Polluting Power Station

ECJ (Judgment) Failure of a Member State to fulfil obligations – Directive 2001/80/EC – Article 4(3) – Annex VI, Part A – Limitation of emissions of certain pollutants into the air from large combustion plants – Application – Aberthaw Power Station

C. Toader (Rapporteur), P
C-304/15, [2016] EUECJ C-304/15, ECLI:EU:C:2016:706
Bailii
European

European, Environment

Updated: 02 November 2021; Ref: scu.569501

Elektriciteits Produktiemaatschappij Zuid-Nederland: ECJ 9 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Atmospheric pollution – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Concept of ‘installation’ – Inclusion of the fuel storage site – Regulation (EU) No 601/2012 – Concept of ‘fuel exported from the installation’

ECLI:EU:C:2016:422, [2016] EUECJ C-158/15
Bailii
Regulation (EU) No 601/2012, Directive 2003/87/EC

European, Environment

Updated: 02 November 2021; Ref: scu.565604

EON Kraftwerke v Bundesrepublik Deutschland: ECJ 8 Sep 2016

Greenhouse gas emission allowance trading scheme

ECJ (Judgment) Reference for a preliminary ruling – Environment – Greenhouse gas emission allowance trading scheme within the European Union – Directive 2003/87/EC – Harmonised free allocation of emission allowances – Decision 2011/278/EU – Change to the allocation – Article 24(1) – Obligation of the operator of the installation to provide information – Scope

A Arabadjiev, P
C-461/15, [2016] EUECJ C-461/15, ECLI:EU:C:2016:648
Bailii
Directive 2003/87/EC
European

European, Environment

Updated: 01 November 2021; Ref: scu.569044

Commission v Poland: ECJ 20 Nov 2014

comm_polandECJ201411

ECJ Judgment – Failure to fulfill obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Definition of inadequate or polluted waters may be – inadequate designation of vulnerable zones – Programmes of Action – incomplete measures

Mme K. Jurimae (Rapporteur), P
C-356/13, [2014] EUECJ C-356/13
Bailii
Directive 91/676/EEC

European, Environment

Updated: 01 November 2021; Ref: scu.538953

Fishermen and Friends of The Sea v The Minister of Planning, Housing and The Environment: PC 27 Nov 2017

(Court of Appeal of Trinidad and Tobago)
[2017] UKPC 37
Bailii
England and Wales
Cited by:
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.599995

Commission v Italy – C-195/05: ECJ 18 Dec 2007

ECJ Environment and Consumers – Failure of a Member State to fulfil obligations Environment Directives 75/442/EEC and 91/156/EEC – Concept of waste Food scraps from the agro’food industry intended for the production of animal feed Leftovers from the preparation of food in kitchens, intended for shelters for pet animals.
[2007] EUECJ C-195/05
Bailii
Directive 75/442/EEC, Directive 91/156/EEC
European

Updated: 10 October 2021; Ref: scu.262911

Re Mineral Resources Limited; Environment Agency v Stout (Chd; Apr 1998): ChD 24 Jun 1998

A waste management licence was property, but public policy required that such licences should not be disclaimable by liquidators. There is a need to preserve responsibilities of those taking such licences.
Gazette 24-Jun-1998
Environmental Protection Act 1990, Insolvency Act 1986 178
England and Wales

Updated: 01 October 2021; Ref: scu.85837

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.

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: