Stockholm Conference on Environmental
Law and Justice,  6-9 September 2006

Ludwig Krämer (Bremen etc.) :
Environmental Justice through the European Court of Justice: Grandeur et Misère  

I. Introduction: The Court of Justice in the institutional frame of the EC

II. The specificities of the EC Court of Justice
1. Composition; 2. Judgments against Member States; 3. Action launched by the Commission, Art.211, 226; 4. Penalty payments Art.228; 5. Actions of one Member State against the other, Art.227; 6. Unilateral action by one Member State against the other; 7. The Court of Justice and public international environmental law

III. Data on environmental jurisdiction
1. General data situation; 2. Actions under Article 226; 3. Actions under Article 228; 4. Actions under Article 227; 5. Actions under Article 230; 6. Actions under Article 243; 7. Actions under Article 234

IV. Interpreting substantive environmental law
1. Interpretation rules; 2. Nature; 3. Water; 4. Waste; 5. Impact assessments; 6. Internal market and environment; 7. Transport/energy and environment

V. Procedural and political law
1. Repartition of responsibilities; 2. Article 226; 3. Article 230(4); 4. Interest in bringing an action, Art.243; 5. Burden of proof; 6. New evidence (Art.95); 7. Integration: Articles 6 and 28 and environmental discrimination

VI. Overall assessment
1. Political decisions; 2. Da mi factum, dabo tibi ius; 3. Access to the court in the general interest; 4. The acceptance of the judgments of the Court; 5. The Court – in favour or against the environment?



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