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Resources 'Article 9: Access to Justice'
NGO standing (Art. 2, 7 and 9) - Legal standing of environmental associations and environmental interests affected by entrusting external subjects with building duties.
Standing for an environmental NGO – The collective interest of an environmental NGO that is active in the region is sufficiently specialized and concerns land use planning,environmental protection…
The question arises if the Aarhus Convention and the European Directives to implement the Convention are applicable or not to a permit that is ratified by Parliament given that the definition of “…
Costs - The Court of Appeal upheld a High Court costs order for the unsuccessful claimant (Mr Littlewood) to reimburse the defendant up to a maximum of £50,000 on the basis that the figure did not…
Further to a reference for a preliminary ruling, the Court ruled that "Article 9(3) of the Aarhus Convention does not have direct effect in EU law. It is, however, for the referring court to…
Costs – The leading Court of Appeal case concerning the granting of Protective Costs Orders (PCOs), in which a claimant seeks to limit his or her exposure to the defendant's legal costs. The Court…
The High Court accepted that the criterion established for the granting of Protective Costs Orders (PCOs) in the Corner House case must in environmental cases be applied flexibly and in the light of…
Access to justice for NGOs - Environmental NGOs are entitled to bring an action in order to be awarded environmental damages, also in criminal proceedings when they represent environmental interests…
NGO standing (Art. 2 and 9) - The concept of ”environmental interest” should be interpreted in a wide sense according to Italian law, including the historical and artistic value of buildings.
Review procedure and costs (art. 2, 6 and 9) – The ECJ found that the EIA for a private road development damaging a coastal wetland was in compliance with EU Directive 85/337/EEC. However, on the…
