elni Review 2021, pp. 41-47. https://doi.org/10.46850/elni.2021.006
This paper is a report on the online webinar “Protection of groundwater under the Water Framework Directive (WFD): Member States Obligations and recent judgements” that took place on 9th November 2021 as part of an elni webinar. The two speakers were Christoph Sobotta (Legal Secretary at CJEU) and Prof Marleen van Rijswick (Utrecht University). The webinar addressed the protection of groundwater under the WFD and the challenges observed at the Member States level. This report summarises Christoph Sobbota’s presentation on several water-related cases and Prof Ryswick’s presentation on the implementation of EU law in the Member States as illustrated by the protection of groundwater in the Netherlands. Main findings include that negative impact on the environment will still happen and that instead of focusing on a single project a broader approach should be applied.
- Acheloos river rerouting case, Judgment of 11 September 2012, Nomarchiaki Aftodioikisi Aitoloakarnanias and Others (C 43/10, EU: C: 2012:560).
- Commission vs Spain case, Judgment of 8 September 2005 (C-121/03 & C-416/02, EU:C:2005:512).
- Czech Republic v Poland Case (Turów opencast mining) (C-121/21, pending).
- Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, OJ 375.
- Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ 206/7.
- Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327/1.
- Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance, OJ 2012 L 26/1.
- Gert Folk Case, Judgment of 1 June 2017, (C 529/15, EU: C: 2017:419).
- Doñana Case: Judgment of 24 June 2021, Commission v Spain (Deterioration of the Doñana natural area) (C 559/19, EU:C:2021:512).
- Land Nordrhein-Westfalen case: Judgment of 28 May 2020, (C 535/18, EU: C: 2020:391).
- Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation, Judgment of 20 December 2017, (C 664/15, EU:C:2017:987).
- Rijswick, Marleen, 2021: Protecting groundwater resources for ecological and societal needs: struggling at the Member State level: Tackling drought problems in a water rich country; tackling historical groundwater pollution by soil remediation; Presentation held during the Elni Webinar on the 2nd of December.
- Rijswick, Marleen, 2021b. Dessication in Brabant province - a European law perspective, Press article at the University of Utrecht from 28.09.21, accessible here (last accessed on the 21.01.21).
- Wasserleitungsverband Nördliches Burgenland and Others, Judgment of 3 October 2019 (C 197/18, EU:C:2019:824).
- Weser depth increase case: Judgment of 1 July 2015, Bund für Umwelt und Naturschutz Deutschland (C 461/13, EU:C:2015:433).