Edie environmental case law update (July 2005)
In this month's Semple Fraser and Edie News update on legal cases which impact on the environmental industry sector in the UK, Europe and internationally: Irish waterways receive inadequate protection from pollution, ruling on GMO food labelling, Spain rapped for allowing pigeon hunt, France falls down on waste water monitoring, Italy breaches Waste Framework Directive, Greece contravenes contract law, UK fails to protect habitats in Gibraltar, Greece reprimanded for failing to keep EU up to date with new laws, Italy ignores environmental impact of marina development, Russian claims state has failed to protect human rights by not re-housing citizens outside industrial buffer zone, SEPA and Scottish Power Generation Ltd slug it out over sludge, Spanish industry attempt to lift chemical ban fails, Nigerian communities file against oil giants over gas flaring.
European Case Law
· Case T-158/03 Spain v Commission
By judgement dated 28 June 2005, the ECJ has rejected an application by the Spanish chemical company, Industrias Quimicas del Valles (IQV) to have the pesticide metalaxyl reinstated on the EU market.
· Case C- 282/02, Commission v Ireland
Judgement was given by the European Court of Justice (ECJ) in the case of Commission v Ireland on 2 June 2005.
· Case C-394/02 Commission v Greece
Judgement was given by the ECJ in the case of Commission v Greece on 2 June 2005.
The case concerned the application of the Utilities Directive (Directive 93/38/EEC), which sets out provisions co-ordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
· Case C-270/03 Commission v Italy
Judgement was given by the ECJ in the case of Commission v Italy on 9 June 2005.
· Case C-191/04 Commission v France
Judgement was given by the ECJ in the case of Commission v France on 16 June 2005.
· Case C-135/04 Commission v Spain
Following the recommendation of the Advocate General, issued on 7 April 2005, Spain has been pulled up by the European Court of Justice (ECJ) for breach of the Wild Birds Directive (Directive 79/409/EEC).
· Case C-132/03 Reference for a preliminary ruling in the Codacons case
Judgement was given by the ECJ on 26 May 2005 on a referral from the Consiglio di Stato (Italy) for a preliminary ruling in the case between Codacons and the Italian Ministry of Health.
· Case C-83/03 Commission v Italy
The ECJ issued its judgement in the case of Commission v Italy on 2 June 2005.
· Case C-68/04 Commission v Greece
Judgement in the case of Commission v Greece was issued by the ECJ on 2 June 2005.
UK Case Law
· Case C-6/04 Commission v United Kingdom of Great Britain and Northern Ireland
An Opinion was recently issued by the Advocate General (AG) in Case C-6/04 Commission v UK.
· UK Case Law
Opinion (No.2) of Lord Reed in petition of Scottish Power Generation Limited for Judicial Review of a decision by Scottish Environmental Protection Agency (SEPA)
· European Court of Human Rights Case Law – Fadeyeva v Russia (Application No. 55723/00)
The European Court of Human Rights (ECHR) issued a judgement in the case of Fadeyeva v Russia (Application No. 55723/00) on 9 June 2005.
· Forthcoming cases
A number of communities from across the Niger Delta, have filed a legal action, against the Nigerian government, the Nigerian National Petroleum Corporation and the Shell, Exxon, Chevron, Total and Agip joint venture companies in order to bring a stop to the practice of gas flaring.
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