Day: 5 August 2005

Edie Environmental Legislation Summary (August 2005)

Recent changes to legislation which will impact on the environmental sector in the UK, Europe and internationally come under the spotlight in this Semple Fraser and Edie News monthly round-up of new law and policy. The summary includes the US-led climate change pact that will rival Kyoto, the UK's 'right to roam', new subsidies for biomass, efforts to combat oil pollution from shipping, tighter regulation of GMOs in Wales and an amendment to British climate change levy regulations.

Case C-304/02, Commission v France

France has had a record fine of €20 million imposed upon it by the European Court of Justice (ECJ).

The fine was imposed on France due to a breach of EU fisheries conservation law aimed at protecting Europe's diminishing fish stocks.

Case C- 364/03, Commission v Greece

The European Court of Justice (ECJ) delivered its judgement in the case of Commission v Greece on 7 July 2005.

Case C-214/04, Commission v Italy

Judgement was given in the case of Commission v Italy on 7 July 2005.

The ECJ held that by maintaining rules which permit the use of hydrochlorofluorocarbons (HCFCs) in fire protection installations beyond the limits and outside the conditions laid down in Article 5(3) of EC Regulation No. 2037/2000 on substances that deplete the ozone layer, Italy had failed to fulfil its obligations under that provision.

The Commission claimed that the derogations referred to in the Decree of 3 October 2001 of the Ministry of the Environment and Protection of the Territory apply to various cases which are not covered by the derogation laid down in Regulation No 2037/2000 and that therefore the field of application of those derogations is considerably wider than is permitted under the regulation itself.

Case T-158/03, Spain v Commission

In the recent judgement in the case of Spain v Commission (Case T-158/03), 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-26/04, Commission v Spain

The Advocate General of the European Court of Justice (ECJ) delivered his opinion on 7 July 2005 in the case of Commission v Spain.

Okyay and others v Turkey (ECHR application No 36220/97)

The European Court of Human Rights (ECHR) issued a judgement in the case of Okyay and others v Turkey (application No 36220/97) on 12 July 2005.

The case concerned a failure by the national authorities of Turkey to implement an order of their domestic court, closing down three thermal-power plants which were polluting the environment in south-west Turkey.

Case C- 98/04, Commission v United Kingdom

The Advocate General of the European Court of Justice (ECJ) delivered his opinion on 14 July 2005 in the case of European Commission v UK.

The case concerned the use of Lawful Development Certificates within the UK under provisions of the Town and Country Planning Act 1990.

Alton Towers Appeal Case

Following a successful private prosecution last year, Tussauds Theme Parks Ltd, the owners of Alton Towers, were fined £5,000 and served with a noise abatement notice.

An Introduction to Industrial Ecology & CSR

By Brad Allenby. President of the International Society for industrial ecology and professor of civil and environmental engineering and of law, at Arizona State University.

R (on the application of Candlish) v Hastings Borough Council

In the case of R (on the application of Candlish) v Hastings Borough Council the English Courts have been faced with a question of interpretation of UK national legislation, which seeks to implement the EIA Directive (Directive 85/337/EEC).

Forthcoming cases

The UK has been pulled up by the European Commission for its failure to transpose three Directives concerned with Waste Electrical and Electronic Equipment (WEEE).