In the litigation of the North Rhine-Westphalia State Association of the Association for the Environment and Nature Conservation Germany (BUND) against the planned Trianel coal power plant in Luenen data show a further interim success of the environmentalists. Following today's announcement of the Opinion of the Advocate General of the European Court of Justice (ECJ) in the so-called preliminary ruling procedure, BUND is optimistic that his rights have been strengthened as an advocate of nature and the environment. security, the Federal Government by this method is of fundamental importance, the rights of action of associations and initiatives to projects that are directed against the interests of the public, expanded. Actual impact, the ECJ proceedings on the ongoing debates over the proposed coal-fired power plants in dates, and Krefeld. BUND hopes for a final verdict yet in the 1st Quarter of 2011. (Case C-115/09)
Dirk Teßmer, lawyer of the Bund: "If the ECJ follows the Advocate in his opinion, can environmental organizations in Germany at last, like everywhere else in Europe, a full judicial review of the legality of environmental construction projects and industrial facilities . cause The preparation of procedural equality of arms and an end to preferential treatment of project sponsors is long overdue! "
Sharpston, Attorney General of the ECJ, represents the view that environmental groups such as the Bund are entitled under European law, a fully featured right of action in emission-related permit. The limitation of this right of action for violations of the right of individuals, as required by the German Environmental Appeals Act, then failed against European regulations. According to the Advocate General to environmental groups' infringement can do all for the approval of the project relevant environmental legislation claims, including those rules which are intended to serve only the interests of the public and not also to protect the legal interests of individuals. "This means, for example , that the federal government can also claim a breach of the law on water and nature protection legislation must. Otherwise, the Attorney General, "there is no one to complain on behalf of the environment." Since full implementation in national law would have to environmental organizations also rely directly on the European directives.
If confirmed, the European Court of this legal opinion, this would be the view of the Bund "is an outstanding step forward for more environmental protection and civic participation.
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