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Remedying Failures to Conduct Environmental Impact Assessment, Should Not Result in a Game of Snakes and Ladders. Comment on Court of Justice Case C-261/18 of 12 November 2019

Attracta Uí Bhroin

elni Review 2019, pp. 18-25. https://doi.org/10.46850/elni.2019.003

The author of this article comments on a November 2019 CJEU ruling following the ‘Derrybrien case’ concerning EIA in Ireland. According to the author, the judgement has profound implications for several legal questions concerning, i.a., obligations to remedy and state liability.

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References

  1. Court of Justice of the European Union, 2008, Judgment of the Court (Second Chamber) of 3 July 2008. Commission of the European Communities v Ireland. Failure of a Member State to fulfil obligations - No assessment of the environmental effects of projects within the scope of Directive 85/337/EEC - Regularisation after the event. Case C-215/06.
  2. Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ 1985 L 175/40.
  3. Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ 1997 L 73/5.
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  5. Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Decision 2005/370/EC OJ L 124.
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  10. Court of Justice of the European Union, 2018, Judgment of the Court (Sixth Chamber) of 28 February 2018, Comune di Castelbellino v Regione Marche and Others Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Article 4(2) and (3) and Annexes I to III — Environmental impact assessment — Authorisation to carry out work in a plant for the production of electricity from biogas without preliminary examination of the need for an environmental impact assessment — Annulment — Regularisation after the event of the authorisation on the basis of new provisions of national law without preliminary examination of the need for an environmental impact assessment, Case C-117/17.
  11. Court of Justice of the European Union, 2007, Judgment of the Court (First Chamber) of 14 June 2007. Medipac-Kazantzidis AE v Venizeleio-Pananeio (PE.S.Y. KRITIS). Reference for a preliminary ruling: Symvoulio tis Epikrateias - Greece. Free movement of goods - Directive 93/42/EEC - Hospital purchase of medical devices bearing the CE marking - Protective measures - Public supply contract - Contract falling below the threshold of application of Directive 93/36/EEC - Principle of equal treatment and obligation of transparency. Case C-6/05.
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  14. Court of Justice of the European Union, 2018, Judgment of the Court, 4 December 2018, Minister for Justice and Equality, Commissioner of An Garda Síochána v workplace Relations Commission EU:C:2018:979, para. 48-52.
  15. Court of Justice of the European Union, 2006, Judgment of the Court (First Chamber) of 4 May 2006. Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. Failure of a Member State to fulfil obligations - Admissibility - Subject-matter of the case - Jurisdiction of national courts - Action devoid of purpose - Legal certainty and legitimate expectations of developers - Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - White City development project - Crystal Palace development project - Projects falling within Annex II to Directive 85/337 - Obligation to assess projects likely to have significant effects on the environment - Burden of proof - Transposition of Directive 85/337 into national law - Grant of consent comprising more than one stage. Case C-508/03.
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  17. General Scheme of Housing and Planning and Development Bill 2019.
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