Resources 'Article 9: Access to Justice'
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…
Costs – The Court of Appeal established guidelines for the level of“reciprocal costs caps” for claimants in relation to the granting of Protective Cost Order (PCO). The Court rejected the notion that…
Public participation and omissions by public authorities (Art. 6, 7, 8 and 9) – The obligation to create a National Council of the Environment for public participation according to Italian law is not…
Access to environmental information for professional associations.
NGO standing - The special protection of the environment given by art. 45 of the Spanish Constitution, and the broad and collective interests and protections on Spanish citizens require a wide scope…
Public participation and costs – The Administrative (High) Court found it necessary to take a different approach to the general rule that costs follow the event in line with the Sullivan Report (…
