Resources 'Article 9: Access to Justice'
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…
NGO standing – National environmental organisation, although not officially inserted in the list of recognized entities under the law, can be granted access to justice, on the basis of the discretion…
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…
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…
Costs – The Court of Appeal endorsed the flexible approach adopted in the cases of Compton and Buglife and considered that, in principle,there would be no barrier to the granting of a Protective Cost…
Costs - The Court of Appeal established guidelines for the judge’s discretion as to cost recovery from an unsuccessful claimant in public law cases, particularly with regard to preparation costs.
