On 2nd August 2011, Slovakia's Supreme Court (Najvyšší súd) decided a number of cases (I found four) for whom the judgment in C-240/09 Lesoochranarske zoskupenie was directly relevant (in fact, it was in the framework of those proceedings that the Supreme Court addressed the Court of Justice the preliminary questions in C-240/09; for more info, see http://bxl-law.blogspot.com/2011/03/c-24009-lesoochranarske-zoskupenie.html).
The judgments can be downloaded (in Slovak) from the website of the Supreme Court (http://nssr.blox.sk/, look for judgments no 3Sžp/49/2009, 3Sžp/50/2009, 3Sžp/48/2009 and 3Sžp/47/2009).
All the four judgments are based on (virtually) identical (and rather short) reasoning. Quite simply, the Supreme Court ruled that despite the lack of direct effect of Art. 9.3 of the Aarhus Convention in the Union law, it is necessary, in order to make possible effective protection of the environment as laid down by the Union law, to treat the relevant NGO as a party to the proceedings (and not just an interested party who cannot appeal the administrative decisions and cannot challenge them before the courts).
Problem solved...
Thursday, September 22, 2011
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