Access to Justice – After hearing the Court of Justice of the EU, the Belgian Constitutional Court annulled a number of permits that were delivered by a Decree from the Walloon Parliament, as they…
NGO standing – National environmental organisation, although not officially inserted in the list of recognized entities under the law, can be granted access to justice, on the basis of the discretion…
The question arises if the Aarhus Convention and the European Directives to implement the Convention are applicable or not to a permit that is ratified by Parliament given that the definition of “…
Costs - The Court of Appeal upheld a High Court costs order for the unsuccessful claimant (Mr Littlewood) to reimburse the defendant up to a maximum of £50,000 on the basis that the figure did not…
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…
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…
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…
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 leading Court of Appeal case concerning the granting of Protective Costs Orders (PCOs), in which a claimant seeks to limit his or her exposure to the defendant's legal costs. The Court…
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…
