EUROPEAN ENVIRONMENTAL LAW CASEBOOK
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1 EUROPEAN ENVIRONMENTAL LAW CASEBOOK by Dr Ludwig Kramer Judge at Landgericht Kiel, LL.D., Head of Legal Matters and Application of Community Law, DG XI of the E. C. Commission LONDON SWEET & MAXWELL 1993
2 CONTENTS Introduction Table of Cases Table of Legislation v xiii xxv Part 1: THE PRINCIPLES OF ENVIRONMENTAL PROTECTION IN COMMUNITY LAW 1. The preelection of the environment a general interest of the E.C.: Case 240/83 - ADBHU Facts and procedure 5 Judgment 6 Commentary Article 100a or 130s as a legal basis for Community measures: Case C-300/89 - Titanium dioxide Facts and procedure 21 Judgment 21 Commentary The integration of environmental requirements into other policies: Case C-62/88 - Post-Chernobyl measures Facts and procedure 39 Judgment 39 Commentary Enratom Treaty and environmental protection: Case 182/87 -Cattenom Facts and procedure 55 Judgment 56 Commentary 59 Part 2: COMMUNITY LAW AND NATIONAL LAW 5. Waste disposal in an internal market Case C-2/90 - Wallonian waste Facts and procedure 71 Judgment 71 Commentary 77 ix
3 x 6. Fixing the level of protection by Member States: Case 302/ 86-Danish bottles Facts and procedure 91 Judgment 91 Commentary Circulars in environmental law: Case C-131/88 - Groundwater in Germany Facts and procedure 109 Judgment 109 Commentary Local authorities' measures: Case 380/87 - Cinisello Balsamo Facts and procedure 131 Judgment 131 Commentary The right to take stricter measures at national level: Case C-169/89 - Gourmetterie Van den Burg Facts and procedure 149 Judgment 149 Commentary Bird hunting: legal rules and social reality: Case 252/85 - Traditional hunting in France Facts and procedure 163 Judgment 163 Commentary 168 Part 3: SECTORS OF COMMUNITY ENVIRONMENTAL POLICY Nature conservation 11. Conservation of wild birds: Case 262/85 - Italian conservation measures Facts and procedure 185 Judgment 185 Commentary Protection of endangered species: Case C-182/89-CITES Facts and procedure 207 Judgment 207 Commentary 210
4 xi 13. Protection of habitats: Case C-57/89 - Leybucht Facts and procedure 219 Judgment 220 Commentary 224 Water 14. The quality of drinking water Case C-42/89 - Venders Facts and procedure 237 Judgment 238 Commentary Nitrate and lead in drinking water Case C-337/89 - British drinking water Facts and procedure 251 Judgment 251 Commentary 257 Waste 16. The notion of waste: Cases C-206 & 207/88 - Zanetti Facts and procedure 269 Judgment 269 Commentary Information in the waste sector Case C-162/89 - Reporting requirements Facts and procedure 281 Judgment in French 282 Judgment in English 284 Commentary National management of waste: Case C-155/91 - Waste directive Facts and procedure 291 Judgment 291 Commentary 295 Chemicals 19. Major-accident hazards: Case C-190/90 - Seveso Facts and procedure 307 Judgment 307 Commentary A Community-wide market for chemicals: Case 278/85 - Facts and procedure 323 Judgment 323 Commentary 330
5 xii 21. National restrictions and Community measures: Case 125/ 88 - Ban of pesticides Facts and procedure 343 Judgment 343 Commentary 347 Air 22. A right of clean air?: Case C-361/88 - TA Luft Facts and procedure 361 Judgment 361 Commentary 367 Part 4: PROCEDURAL ASPECTS 23. Article 169: non-conformity or partial conformity of national measures: Case C-70/89 - Cadmium discharges Facts and procedure 377 Judgment 377 Commentary Article 169: unsatisfactory enforcement of Community environmental law: Case C-33/90 - Campanian waste Facts and procedure 387 Judgment 388 Commentary Article 186: interim measures to protect the environment: Case 57/89R - Leybucht protection Facts and procedure 399 Order 399 Commentary Article 177: national courts and environmental protection: Case 14/86 - Pretore di said Facts and procedure 411 Judgment 412 Commentary Article 171: fresh proceedings and sanctions in Community law: Case C-75/91 - Dutch nature conservation Facts and procedure 425 Judgment 426 Commentary 427 Appendix 1: Environmental cases 437 Appendix 2: Relevant EEC Treaty Articles 449 Bibliography 455 Index 461
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THE ENVIRONMENT (PROTECTION) RULES, 1986 (The Principal rules were published in the Gazette of India vide number S.O. 844(E), dated 19.11.1986 and subsequently amended vide: (i) S.O. 32(E), 16.2.87 (ii)