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 requirement that the procedures must not be prohibitively expensive, the court found that mere judicial discretion to decline to order the unsuccessful party to pay the costs of the procedure cannot be regarded as valid implementation of the directive.
EU - Court of Justice - The European Commission vs. Ireland (C-427/07) - Summary with link to judgment
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Publisher:UNECE / Task Force on Access to Justice
Court/body:European Court of Justice
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