Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Djurgården-Lilla Värtans Miljöskyddsförening v. Stockholms kommun genom dess marknämnd

Country/Territory
European Union, Sweden
Type of court
International court
Date
Oct 15, 2009
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Bonichot, J.C.
Toader, C.
Timmermans, C.W.A.
Schiemann, K.
Bay Larsen, L.
Sharpston, E.
Reference number
C-263/08
Language
Swedish
Subject
Environment gen.
Keyword
Environmental planning Environmental standards EIA Environmental security
Abstract
The case was referred to the ECJ for a preliminary ruling by the Swedish Högsta Domstolen (Supreme Court). In particular the national Court asked the ECJ to determine whether article 10a of Directive 85/337, as amended by Directive 2003/35 to bring it into line with the Aarhus Convention, allows ‘the public concerned’ unrestricted access to the courts when that public has participated in the procedure for planning consent. Advocate General Sharpston concluded that earlier participation does not of itself guarantee unrestricted access to justice by ‘the public concerned’. However, a non-governmental organisation promoting environmental protection which meets the definition of ‘the public concerned’ does have an automatic right of access to justice under article 10a. Moreover, AG Sharpston adhered the view that Article 10a of Directive 85/337 as amended is to be interpreted as precluding a national provision requiring an organisation to have a minimum number of members in order to qualify as ‘the public concerned’.

References

Cites

Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

Treaty | Multilateral | Aarhus |

Keyword: Legal proceedings/administrative proceedings, Education, Public participation, Dispute settlement, Access-to-information, Data collection/reporting

Source: IUCN (ID: TRE-001276)

Cites

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.

Legislation | European Union | 2003 | Repealed

Keyword: Environmental planning, Access-to-information, Legal proceedings/administrative proceedings, Access-to-justice, Governance, Public participation

Source: FAO, FAOLEX

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Legislation | European Union | 1985 | Repealed

Keyword: EIA, Authorization/permit, Land-use planning, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX