Abstract

This overview covers a selection of case law relevant to EU environmental law from a pool of more than 130 judgments delivered by the Court of Justice of the European Union (CJEU) in 2021 and 2022. These are presented in two categories: ‘vertical issues’ and ‘sectoral judgments’ under which entries are listed alphabetically according to theme (for the former) and sector (for the latter). Ultimately, EU environmental case law continues to reinforce both the precautionary principle and procedural environmental rights, including via the port of entry of the Aarhus Convention1 and its implementation in the EU. Implementation of the Habitats-2, EIA3 and Wild Birds4 directives likewise continues apace, with the Court taking, what could be called, a strictly ‘environmentally protective’ view in its answer to often very technical questions in the context of those directives. The same is true for the Water Framework Directive (WFD),5 and to some degree the Waste Framework Directive.6 Yet the Court has also confirmed its strict approach to standing requirements, and a limiting view on whether air quality law grants rights to individuals.

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