Dear members of the EEL Network, The Hague District Court decided that the Netherlands must take more ambitious action to reduce their emission levels (by at least 25% by 2020). Read more about this landmark case in the “Case Law” section below. Kind regards, |
Case Law |
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Initiated Proceedings (1) Air quality |
European Commission Press Release: Commission refers Belgium and Bulgaria to Court and gives Sweden a final warning over poor air quality (18/06/2015) EurActiv Article: EU takes Belgium and Bulgaria to court over air quality(19/06/2015) |
Initiated Proceedings (2) Energy Efficiency Directive |
European Commission Press Release: Commission refers Greece to Court and gives Germany a final warning regarding the transposition of the Energy Efficiency Directive (18/06/2015) |
Initiated Proceedings (3) German road toll |
European Commission Press Release: Commission launches infringement case on the application of the German Minimum Wage law to the transport sector (19/06/2015) EurActiv Article: Dobrindt: Commission should not interfere with German toll (16/06/2015) EurActiv Article: Germany defiant as Brussels thwarts motorway toll plan(18/06/2015) |
Domestic Proceedings (1) |
The Hague District Court: The Urgenda Foundation v State of the Netherlands (24/06/2015) The Urgenda Foundation (Urgenda) brought this claim against the Netherlands, alleging that it has a legal obligation to take more ambitious measures to limit greenhouse gas emissions. Urgenda argued that the State has a duty of care towards Urgenda itself, the 886 individuals that Urgenda represented and Dutch society. It argued that the State had breached national and international obligations. Urgenda furthermore argued that the State had exposed, through its greenhouse gas emissions, the international community and future generations to the risk of dangerous climate change. Urgenda asked the Court to declare that the State should limit its greenhouse gases by at least 25% in 2020; alternatively, by 40% in 2030 compared to 1990 levels. The Court held that, whether or not Urgenda could bring its claim on behalf of persons beyond national borders or future generations depended on its by-laws, which had to reflect the position of its claim before the Court. The Court interpreted Urgenda’s reference to ‘sustainable society’ in its by-laws in a noteworthy and progressive manner. It reasoned that ‘sustainable society’ has ‘an inherent international (and global) dimension’ and that it has an intergenerational dimension, in light of the Brundtland Report’s definition of ‘sustainable development’ (‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’). Thus, Urgenda could base its claim in part on the fact that Dutch emissions have consequences for persons outside Dutch national borders and on future generations. The Court found that Urgenda could not rely on Article 21 of the Dutch Constitution, in which the authorities are told that it is their concern to keep the country habitable and to protect and improve the environment (by virtue of the State’s discretionary powers), and that it could not rely on the UNFCCC, the Kyoto Protocol, the transboundary harm principle or the TFEU, because those obligations were not binding on the State vis-à-vis individuals. Moreover, Articles 2 and 8 of the ECHR could not found a claim because Urgenda was no victim within the meaning of Article 34 ECHR. The Court then turned to the question whether the State had breached a duty of care towards Urgenda by not taking adequate emission reduction measures (i.e. national tort law; Dutch Civil Code). It noted that the abovementioned international and regional legal bases would inform the scope of the Dutch standard of care. Moreover, the Court observed that the State’s discretionary powers were not unlimited; the State has an obligation to protect its citizens from the dangerous consequences that climate change entails. The State’s relatively low level of emissions (ca. 0.5% global emissions) did not affect its duty to take mitigation measures. The Court noted that all emissions contribute to an increase of CO2 in the atmosphere, that global accountability was necessary, and that Dutch per capita emissions were in any case among the highest in the world. The Dutch policy of 17% reduction by 2020 was insufficient to meet the required 2° target. Thus, the State had acted negligently and unlawfully, by setting its reduction targets at less than 25%. The State’s argument concerning the separation of powers was rejected. The Court found that its role was to offer legal protection, also against the State. The Court rejected the 886 individuals’ claims, believing that Urgenda had in any case successfully subsumed those claims. It opted for Urgenda’s first proposed ruling (deeming that severe consequences would follow if increased mitigation was postponed until 2030) and ordered the State to reduce its emissions by at least 25% at the end of 2020 compared to 1990 levels. Commentary: Urgenda Foundation Press Release: Urgenda wins the case for better Dutch climate policies (24/06/2015) The Hague District Court Press Release: State ordered to further limit greenhouse gas emissions (24/06/2015) Diplomat’s Magazine: Hague Court orders Dutch State to reduce greenhouse gas emissions (06/07/2015) EurActiv Article: Dutch court orders state to slash greenhouse emissions (25/06/2015) |
Domestic Proceedings (2) |
Irish Supreme Court: National Asset Management Agency v Commissioner for Environmental Information (23/06/2015) A lengthy process ensued, involving many exchanges between NAMA, Sheridan and the Office of the Commissioner for Environmental Information. The Irish Regulations had transposed the Directive’s definition word for word, but had also added a list of entity types, after the phrase ‘and includes’. The Commissioner interpreted ‘public authority’ widely, taking an expansive approach and finding that NAMA was a public authority because it did conform to one of the listed entity types; it was a board or other body established by or under statute. The Commissioner did not deem it necessary to assess, in addition, whether NAMA satisfied the three conditions that had been copied word for word from the Directive’s definition, and considered that the Directive in any case permitted Member States to expand the notion of public authority. The Supreme Court judge did not agree with the High Court’s approach, which relied on a presumption of faithful transposition and argued that NAMA had not rebutted said presumption. He criticised the judges for taking a narrow approach and thus failing to assess the bigger question, i.e. whether NAMA falls within the Directive’s definition. Moreover, the Supreme Court judge questioned, obiter dictum, whether the request was really a request for ‘environmental’ information at all. Ultimately, a Grand Chamber case was decided during the appeals process, which shed further light on the definition of ‘public authority’, namely Case C-279/12 Fish Legal and Emily Shirely v Information Commissioner et al. In that case, the CJEU held that public authorities should be taken to mean administrative authorities, which are either part of the State’s public administration and can be dissolved by it, or which exercise administrative functions, i.e. are governed by private or public law, perform certain services and ‘are, for this purpose, vested with special powers beyond those which result from normal rules applicable in relations between persons governed by private law’. In offering this definition, the Grand Chamber resolved the Irish domestic legal issue; NAMA clearly falls within it. |
Court of Justice of the European UnionGeneral Court (Second Chamber): Case T-57/11, Castelnou Energía, SL v European Commission (03/12/2014) This ruling concerns the Commission’s approval of a Spanish state aid measure which benefits the production of electricity from domestic coal. The General Court dismissed the applicant’s request for annulment of the Commission decision. Greenpeace España – intervener in the case – complained that the approval by the European Commission insufficiently considered the negative environmental effects and whether the objectives of the Spanish government – particularly ensuring stable electricity supply – could be achieved in a more environmentally friendly way. In its judgment the General Court found that where the Commission assesses an aid measure which does not pursue an environmental objective, it is not required to take into account EU rules on the protection of the environment, in spite of the integration principle of Art. 11 TFEU demanding that “[e]nvironmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities”. The General Court limits the verification of compliance with the rules, other than those relating to State aid, to rules capable of having a negative impact on the internal market. Environmental rules seem not to fall within this category because, according to the General Court, environmental protection, strictly speaking, does not form a part of the internal market (para 189 of the judgment). Consequently, the General Court found that the Commission was not required to examine the compatibility of the measure with environmental protection provisions. A breach of environmental rules can be the subject of a separate investigation concerning non-compliance, but according to the General Court it does not need to be taken into consideration within the context of the state aid investigation. |
European Court of Human RightsChamber of the European Court of Human Rights: Case 6987/07 of Guseva v Bulgaria (17/02/2015) This judgment concerned Bulgarian stray dogs and the right to access to information of animal welfare NGOs. The applicant requested information regarding the collection of dogs from the streets: statistics, number of cases, as well as the agreements of the Municipality with the companies providing the services in a specific municipality. The latter refused to provide information even after a judicial court ordered it to do so. After several complaints and legal procedures without real results, the applicants appealed to the European Court of Human Rights, claiming that her right to information was infringed. The Court concludes that there had indeed been an infringement by the State of Bulgaria of Article 10 (freedom of expression) European Convention on Human Rights. The Court based its judgment on the fact that information regarding the management of stray animals by the public authorities is of general interest, meaning that anyone should be able to have access to this information. |
General |
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EurActiv: Infographic: What are the Sustainable Development Goals about? (23/06/2015) |
EurActiv Interview: Green capital mayor on energy efficiency, air pollution and EU environmental laws (23/06/2015) |
European Parliament Press Release: Better Regulation: kick-off meeting on Interinstitutional Agreement (25/06/2015) |
Air |
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EurActiv Article: Environment ministers want flexible air pollution targets(15/06/2015) |
European Parliament Press Release: Medium combustion plants emissions: informal deal with Council (23/06/2015) |
Council of the European Union Press Release: Emissions from medium combustion plants: Council and Parliament agree on new rules to improve air quality (23/06/2015) |
Chemicals |
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EurActiv Special Report: REACH: Aviation hopes to streamline approval for ‘mission critical’ chemicals (15/06/2015) |
EurActiv Article: TTIP a threat to EU chemical safety standards, German NGO says (25/06/2015) |
Climate Change |
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EurActiv Article: Higher international ambition needed on climate change(15/06/2015) |
EurActiv Article: Lancet study: Climate change can destroy 50 years of health and development (23/06/2015) |
Energy |
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EurActiv Article: IEA: Energy emissions can peak 10 years early, if fossil fuels targeted (15/06/2015) |
EurActiv Article: Member states on track to meet renewable energy targets, EU report finds (16/06/2015) |
energypost Article: Europe’s energy revolution marches on: one-third of power supply now renewable (17/06/2015) |
energypost Article: Danish offshore wind: it’s getting better all the time(16/06/2015) |
EurActiv Article: Renovating Europe, gaining more energy independence(18/06/2015) |
EurActiv Article: Šefčovič: More enforcement, stricter rules to come on energy efficiency (18/06/2015) |
See Also: energypost Article: Dimitri Pescia, Agora Energiewende: “No more baseload in 2030, no case for new nuclear in Europe” (23/06/2015) EurActiv Article: Private sector to invest in Africa’s energy potential (24/06/2015) energypost Article: The grid will not be disrupted: why Tesla’s Powerwall won’t catalyze a solar revolution (25/06/2015) |
Nature & Agriculture |
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EuroparlTV: Cloned animals – would you eat them? (15/06/2015) |
European Parliament Press Release: Ban not just animal cloning, but cloned food, feed and imports too, say MEPs (17/06/2015) |
EurActiv Article: Parliament demands moratorium on cloned animal products (19/06/2015) |
European Parliament: Novel Foods: food safety MEPs back deal with Council (25/06/2015) |
European Parliament Press Release: MEPs close deal with Council on seal products (25/06/2015) Trading in seal products from hunts hitherto conducted to protect fishing stocks will be banned in the EU in the future but the exemption for the trade in products derived from seal hunts carried out by the Inuit community will remain, under the preliminary deal struck by internal market MEPs and the Latvian Presidency of the Council. MEPs backed a Commission proposal to align the EU rules with the WTO ruling by renouncing the MRM exception and keeping a reinforced Inuit exception, as seal hunting is an integral part of the Inuit community’s culture and identity. The provisionally agreed text still needs to be formally approved by the Council’s Committee of Permanent Representatives and Parliament’s Internal Market Committee. |
Transport |
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EurActiv Article: Fuel efficiency standards benefit economy and environment, NGO claims (15/06/2015) |
EurActiv Special Report: While airlines pay for pollution, airports fly in a different class (16/06/2015) |
EurActiv Special Report: Aviation industry looks for more than hot air on emissions talks (17/06/2015) |
European Commission Press Release: Commission updates the EU air safety list (25/06/2015) |
EurActiv Article: Decarbonising Europe: Fossil fuel subsidies must go(17/06/2015) |
European Commission Press Release: Keynote speech by Commissioner Miguel Arias Cañete at the “Driving road decarbonisation forwards” conference (18/06/2015) |
EurActiv Article: What is the formula for electrifying the EU’s transport sector? (24/06/2015) |
energypost Article: On the road: EU goes for efficient and electric, ponders biofuels (26/06/2015) |
Waste |
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European Parliament Press Release: Circular economy: “systemic change” needed to address resource scarcity (17/06/2015) |
EurActiv Article: EU’s circular economy to use power of tech innovation like Uber (26/06/2015) |
European Commission Press Release: Commission sends statement of objections to suspected participants in car battery recycling cartel (24/06/2015) |
Water |
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European Parliament Infographic: Potential benefits of EU water legislation559477_EN.pdf) (16/06/2015) |
European Parliament Press Release: Right2water citizens’ initiative: Commission must act, say MEPs (25/06/2015) |
European Environment Agency Press Release: Europe’s seas: productive, but not healthy or clean (29/06/2015) |
Events |
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1 May-31 OctoberEvent: EXPO 2015 |
14 JulyEvent: Live Panel Debate |
24-28 AugustEvent: Summer Programme on International and European Environmental Law More information/Draft programme (.PDF) |
2-4 SeptemberEvent: Conference More information/Programme (.PDF) |
Colofon |
Editors-in-ChiefWybe Th. Douma (Senior Researcher, T.M.C. Asser Instituut and Lecturer of Leonardo Massai (Senior Lecturer on International and EU Environmental Law, Catholic University of Lille) EditorsAnna Bertram (T.M.C. Asser Instituut, The Hague) Katarina Hovden (T.M.C. Asser Instituut, The Hague) Steffen van der Velde (Researcher, T.M.C. Asser Instituut, The Hague) |