Environmental Impact Assessment: Bund Naturschutz, GroBkrotzenburg and the Commission's Retreat on the "Pipe-line" Point

Abstract

Environmental impact assessment; the recent decisions of the European Court of Justice in the cases of Bund Naturschutz and Grofikrotzenburg; the Commission's subsequent decision to withdraw certain EIA enforcement proceedings. The facts and decisions in the cases, neither having, strictly, concerned a "pipe-line" case; erroneous interpretation of the Grofikrotzenburg case by the Commission. Flaws in the Opinions of the Advocates-General, being overly based on practical consequences and failing to take account of all the provisions of the EIA Directive.