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Recent Case-Law of the Court of Justice of the European Union and the Court of First Instance Headnotes

Recent Case-Law of the Court of Justice of the European Union and the Court of First Instance... National Limitations to Remedies Against Irregular Eia Judgment of the Court of 7 November 2013 in Case C-72/12 – Altrip 1. By providing that it was to be transposed into national law by 25 June 2005 at the latest, Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 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, which inserted Article 10a into Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, must be interpreted as meaning that the rules of national law adopted for the purposes of transposing that article into national law were intended also to apply to administrative development consent procedures initiated before 25 June 2005 when the latter resulted in the granting of consent after that date. 2. Article 10a of Directive 85/337, as amended by Directive 2003/35, must be interpreted as precluding the Member States from limiting the applicability of the provisions transposing that article to cases in which the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal for European Environmental & Planning Law Brill

Recent Case-Law of the Court of Justice of the European Union and the Court of First Instance Headnotes

Journal for European Environmental & Planning Law , Volume 11 (1): 83 – Jan 1, 2014
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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Service Section
ISSN
1613-7272
eISSN
1876-0104
DOI
10.1163/18760104-01101006
Publisher site
See Article on Publisher Site

Abstract

National Limitations to Remedies Against Irregular Eia Judgment of the Court of 7 November 2013 in Case C-72/12 – Altrip 1. By providing that it was to be transposed into national law by 25 June 2005 at the latest, Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 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, which inserted Article 10a into Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, must be interpreted as meaning that the rules of national law adopted for the purposes of transposing that article into national law were intended also to apply to administrative development consent procedures initiated before 25 June 2005 when the latter resulted in the granting of consent after that date. 2. Article 10a of Directive 85/337, as amended by Directive 2003/35, must be interpreted as precluding the Member States from limiting the applicability of the provisions transposing that article to cases in which the

Journal

Journal for European Environmental & Planning Law – Brill

Published: Jan 1, 2014

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