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On 22 March 2011, the General Court of the European Union found that the Council of the EU wrongly refused to disclose the identity of countries taking positions on reform of the EU’s access to…
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…
Those countries that ratified the Aarhus Convention, and the European Union, committed themselves to promote the application of the principles of the Convention in international environmental…
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.
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…
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…
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…
