Aarhus watch: a UK breach, and a fudge
Geert van Calster:The Aarhus Convention Compliance Committee shows its teeth. Coyly, perhaps, and not quite with definitive results. But it does show its teeth. Also an interesting reference to the...
View ArticleLimits to calling upon intellectual property to justify non-disclosure of...
The ECJ yesterday morning held in an important case with respect to the EU’s transparency regime. Regulation 1049/2001 constitutes the general regime on access to documents held by EU Institutions....
View Article‘Public administrative functions’– CRUZ VILLALÓN AG gives an EU definition in...
Postscript the ECJ held in December 2013. The referring court held on substance in February 2015 (the water companies are public authorities because they have ‘special powers’). In Case C-279/12 Fish...
View ArticleAarhus and costs recovery. The impact of the EIA Directive and the Convention...
Reminiscent of an earlier posting on costs, the High Court recently had to consider the impact of the EIA Directive on cost orders. Mrs Austin lives close to an opencast mining and reclamation site in...
View ArticleSupreme Court goes Jules Verne and crosses the HS2 Bridge at high speed....
In Chapter XXVIII of Jules Verne’s Around the world in Eighty Days, the train driver, egged on by enthusiastic US passengers and despite objections by Passepartout, reverses his train to cross a wobbly...
View ArticleCourt of Justice dismisses Vereniging Milieudefensie in air quality appeal....
In Joined Cases C‑401/12 P to C‑403/12 P, the issues at stake are the scope of judicial review (in the specific context of information requests), the EU’s long and difficult relationship with locus...
View ArticleOn ‘reasonable amounts’, Aarhus, and the price of environmental information....
In East Sussex County Council Case C-71/14, the question under consideration is the application of Directive 2003/4 ‘s reasonableness test. Article 5 of the Directive provides that in situ access to...
View ArticleCJEU finds Aarhus does not add value in Belgian VAT case.
As a practising lawyer registered to the Belgian Bar I had more than a passing interest in C‑543/14 Orde van Vlaamse Balies v Ministerraad. The case was held on 28 July. At issue is the reversal of the...
View ArticleInformation law: when something is “on” an environmental measure
Aarhus, Access to Environmental Information Directive. Review of Henney [2017] EWCA Civ 844 . UK Human Rights Blog Department for Business, Energy and Industry Strategy v. Information Commissioner...
View ArticleAccess to information: The Court of Justice acts to prevent water under the...
Access to information ironically is subject to a myriad of rules and regulations at the EU level: some of a general nature (particularly: Regulation 1049/2001), some lex specialis (such as Directive...
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