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…
NGO standing (art. 2.5, 9.2) – The Administrative Appeals Court of Schleswig granted an environmental NGO standing to appeal a zoning plan, stating that EU Directive 2003/35/EC was directly…
Legal standing of environmental associations and their local branches.
Environmental information and public participation - The right to live in favourable environment; access to justice granted to individuals before the Constitutional Court contesting the violation of…
Costs – The Court of Appeal held that the need for the claimant to have no “private interest in the outcome of case” (one of the “criteria” established in the Corner House case), is not decisive when…
Costs – The first case in which the Court of Appeal expressed concern about the high legal costs incurred by claimants in environmental litigation. The Court remarked that this may be a potent factor…
