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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.
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…
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…
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…
