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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.
On 19 February 2004, the Rennes Administrative Tribunal refused to annul the decision of theprefect of Morbihan. The Morbihan decision would denied the association of inhabitants of theMorbihan coast…
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.
