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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…
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.
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…
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.
Standing for individuals (art. 2.5, 9.3) - Residents of a municipality are allowed to bring, on behalf of an inactive municipality, an action for cessation of building activities that harms the…
Public Participation concerning Plans, Programmes and Policies Relating to the Environment – The simplification of planning legislation concerning highways in the Walloon Region of Belgium is not…
Public Participation concerning Plans, Programmes and Policies Relating to theEnvironment – The simplification of planning legislation concerning so-called “deferreddevelopment zones of an industrial…