Download Casebook on EU Environmental Law by Ludwig Kramer PDF

By Ludwig Kramer

This booklet reviews on fifty key judgments which the courtroom of Justice and the courtroom of First example have given on eu neighborhood environmental legislation. for every judgment, the proof and tactics are defined, through an extract of the fundamental elements of the judgment and a statement which areas the judgment in its felony, environmental and political context and develops the traces of reasoning of the courtroom. The situations chosen disguise all important and procedural features of neighborhood environmental legislation, as regards the provisions of the EC Treaty, horizontal difficulties, water and air, items and noise, nature defense, waste administration and procedural questions.

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This presentation of the arguments was sufficient for the admissibility of the application. Whether the legal basis was in fact wrongly chosen by the Council determines the question of whether the application is well founded. II. The Choice of a Legal Basis (4) This judgment resumes the Court’s jurisprudence concerning the choice of a legal basis in environmental matters.

341, 387 Art. 376 Art. 26, 28, 340, 387 Art. 341 Art. 341 Art. 376 Art. 374 Art. 374 Art. 341 Art. 341 Art. 84 Art. 165, 225, 229 Art. 227 Regulation 1836/93 [1993] OJ L168/1, Art. 428 Art. 433 Art. 210, 214 Art. 208, 211 Art. 207, 208, 210 Art. 210 Art. 18, 84, 271 Art. 145 Local Government (Planning and Development ) Regulations SI no. 145 1 GENERAL PRINCIPLES 1. THE CHOICE OF THE LEGAL BASIS Judgment of the Court of 25 February 1999 Joined Cases C–164/97 and C–165/97 European Parliament v. 2 Both Regulations were adopted on the basis of Articles 37 (ex Article 43) and 308 (ex Article 235) EC Treaty.

13 Court of Justice, Case C–187/93, European Parliament v. Council, [1994] ECR I–2857; see for a discussion of this case p. 382 infra. 14 Court of Justice, Case C–304/94, European Parliament v. Council, [1996] ECR I–2943. 15 Art. 253 (ex Art. 190) EC Treaty: “Regulations, directives and decisions adopted jointly by the European Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty”.

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