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About this book
About this book
This book comments on fifty key judgments which the Court of Justice and the Court of First Instance have given on European Community environmental law. For each judgment,the facts and procedures are described, followed by an extract of the essential parts of the judgment and a commentary which places the judgment in its legal, environmental and political context and develops the lines of reasoning of the Court. The fifty cases selected cover all substantive and procedural aspects of Community environmental law, as regards the provisions of the EC Treaty (cases 1 to 9), horizontal problems (cases 10 to 18), water and air (cases 19 to 25), products and noise (cases 26 to 32), nature protection (cases 33 to 38), waste management (cases 39 to 45) and procedural questions (cases 46 to 50). Particular emphasis is laid on commenting on recent judgments: thus, the oldest case discussed dates from 1991 and 43 of the 50 judgments date from 1996 or later.
Part 1 General principles: the choice of the legal basis; environmental protection outside the national territory; member states' right for more protective measures; internal market and environmental protection' interpreting EC environmental law; member states owe an environmental result; direct effect of community law; implementation by circulars; community environmental law and criminal law. Part 2 Horizontal problems: a right to pollute; environment and transport; environmental aid to industry; environmental taxes; prevention of industrial accidents; access to environmental information; the impact of the environment of projects; environmental reporting; internal market reporting. Part 3 Water and air: majority decisions in water law; programmes to reduce water pollution; the battle on drinking water; waste water treatment in Brussels; quality of fish water and shellfish water; ozone-depleting substances; air quality standards. Part 4 Products and noise: dangerous chemicals in the community; biotechnology - policy and law; pesticides in the environment; ecolabels on products; total harmonisation and the environment; products and nature protection; community noise policy and law. Part 5 Nature protection: bird habitats; habitat protection in the EC; protecting specific habitats; directive 92/43 and its habitats; habitats and economic development; hunting of birds. Part 6 Waste management: local monopolies in waste; clean-up of sites; recycling used oil; planning in waste management; European waste lists; recoverable waste - a product?; the legal basis for waste measures. Part 7 Procedural questions: penalty payments in EC environmental law; access to European courts; preliminary judgements; application under Article 226 EC Treaty; interim measures for the environment.
Ludwig Kramer is a lawyer working for the European Commission Directorate-General Environment.
...wide-ranging work, containing sharp analysis and no little insight...Students, academics, and practitioners should benefit from reading and re-reading this work.Jeremy Pike, Barrister, 2 Harcourt BuildingsThe Yearbook of European Environmental Law, Vol. 4December 2004Dr Kramer has made an outstanding contribution for many years to the study and development of environmental law at a European level.this volume is no mere collection of judgments; there is also commentary from Dr Kramer so that the book might be better called 'Text and Cases on EU Environmental Law'. As such it would be invaluable to any academic wishing to teach the subject by the case book method. This is altogether a neat and useful compilation of case law together with illuminating commentary and it can be recommended for the shelves of both academics and practitioners.D. J. HughesEnvironmental LawMarch 2004