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 first case in which the Court of Appeal expressed concern about the high legal costs incurred by claimants in environmental litigation. The Court remarked that this may be a potent factor…
Costs – The Court of Appeal established guidelines for the level of“reciprocal costs caps” for claimants in relation to the granting of Protective Cost Order (PCO). The Court rejected the notion that…
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…
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…
Several non-governmental organizations filed a lawsuit against the Government and a miningcompany, disputing the legality of an environmental impact assessment to conduct miningactivities in the…
