Edie environmental case law update (July 2005)

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)

International

· 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.