Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky.

• Jurisdiction: European Union
• Celex Number: 62009CJ0240
• ECLI: ECLI:EU:C:2011:125
• Docket Number: C-240/09
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 08 March 2011

Case C-240/09

Lesoochranárske zoskupenie VLK

v

Ministerstvo životného prostredia Slovenskej republiky

(Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky)

(Environment – Aarhus Convention – Public participation in the decision-making process and access to justice in environmental matters – Direct effect)

Summary of the Judgment

1. Preliminary rulings – Jurisdiction of the Court – Interpretation of an international agreement concluded by the Community and the Member States on the basis of joint competence – Convention on access to information, public participation in decision-making and access to justice on environmental matters (Aarhus Convention) – Jurisdiction to determine the distribution of competences between the Community and the Member States

(Art. 234 EC; Aarhus Convention, Art. 9(3); Council Decision 2005/370)

2. Preliminary rulings – Jurisdiction of the Court – Limits – Interpretation requested on account of the applicability of a provision both to situations falling within the scope of national law and to situations falling within the scope of EU law – Jurisdiction to provide that interpretation

(Aarhus Convention, Art. 9(3); Council Decision 2005/370)

3. International agreements – Agreements concluded by the Community – Convention on access to information, public participation in decision-making and public access to justice on environmental matters (Aarhus Convention) – Article 9(3) – Direct effect – None

(Art. 10 EC; Aarhus Convention, Art. 9(3); Council Decision 2005/370)

1. Since the Convention on access to information, public participation in decision-making and public access to justice on environmental matters (Aarhus Convention) was concluded by the Community and all the Member States on the basis of joint competence, it follows that where a case is brought before the Court in accordance with the provisions of the Treaty, in particular Article 234 EC thereof, the Court has jurisdiction to draw the line dividing the obligations the Community has assumed from those remaining the sole responsibility of the Member States and to interpret that convention.

Next, it must be determined whether, in the field covered by Article 9(3) of the Aarhus Convention, the Union has exercised its powers and adopted provisions to implement the obligations which derive from it. If that should not be the case, the obligations deriving from Article 9(3) of the Aarhus Convention would continue to be covered by the national law of the Member States. In those circumstances, it would be for the courts of those Member States to determine, on the basis of national law, whether individuals could rely directly on the rules of that international agreement relevant to that field or whether the courts must apply those rules of their own motion. In that case, Union law neither requires nor forbids the legal order of a Member State to accord to individuals the right to rely directly on a rule laid down in the Aarhus Convention or to oblige the courts to apply that rule of their own motion.

However, if it were to be held that the Union has exercised its powers and adopted provisions in the field covered by Article 9(3) of the Aarhus Convention, Union law would apply and it would be for the Court of Justice to determine whether the provision of the international agreement in question has direct effect.

In that connection, it must be observed first of all, that, in the field of environmental protection, the Union has explicit external competence pursuant to Article 175 EC, read in conjunction with Article 174(2) EC.

Furthermore, the Court has held that a specific issue which has not yet been the subject of Union legislation is part of Union law, when that issue is regulated in agreements concluded by the Union and the Member State and concerns a field in large measure covered by Union law.

(see paras 31-33, 35-36)

2. The Court has jurisdiction to interpret the provisions of Article 9(3) of the Convention on access to information, public participation in decision-making and public access to justice on environmental matters (Aarhus Convention) and, in particular, to give a ruling on whether or not they have direct effect.

When a provision can apply both to situations falling within the scope of national law and to situations falling within the scope of Union law, there is a certain interest in that provision’s being interpreted uniformly, whatever the circumstances in which it is to apply, in order to forestall future differences of interpretation.

(see paras 42-43)

3. Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) does not have direct effect in Union law. It is, however, for the referring court to interpret, to the fullest extent possible, the procedural rules relating to the conditions to be met in order to bring administrative or judicial proceedings in accordance with the objectives of Article 9(3) of that convention and the objective of effective judicial protection of the rights conferred by European Union law, so as to enable an environmental protection organisation to challenge before a court a decision taken following administrative proceedings liable to be contrary to European Union environmental law.

Failing EU rules governing the matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for safeguarding the rights that individuals derive from Union law, in this case the Habitats Directive, the Member States being responsible for ensuring that those rights are effectively protected in every case.

On that basis, as is apparent from well-established case-law, the detailed procedural rules governing actions for safeguarding an individual’s rights under Union law must be no less favourable than those governing similar domestic actions (principle of equivalence) and must not make it in practice impossible or excessively difficult to exercise rights conferred by Union law (principle of effectiveness).

(see paras 47-48, 51-52, operative part)

JUDGMENT OF THE COURT (Grand Chamber)

8 March 2011 (*)

(Environment – Aarhus Convention – Public participation in the decision-making process and access to justice in environmental matters – Direct effect)

In Case C‑240/09,

REFERENCE for a preliminary ruling under Article 234 EC from the Najvyšší súd Slovenskej republiky (Slovakia), made by decision of 22 June 2009, received at the Court on 3 July 2009, in the proceedings

Lesoochranárske zoskupenie VLK

v

Ministerstvo životného prostredia Slovenskej republiky,

THE COURT (Grand Chamber),

composed of V. Skouris, President, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot (Rapporteur), K. Schiemann and D. Šváby, Presidents of Chambers, A. Rosas, R. Silva de Lapuerta, U. Lõhmus, A. Ó Caoimh, M. Safjan and M. Berger, Judges,

Advocate General: E. Sharpston,

Registrar: R. Şereş, Administrator,

having regard to the written procedure and further to the hearing on 4 May 2010,

after considering the observations submitted on behalf of:

– Lesoochranárske zoskupenie VLK, by I. Rajtáková, advokátka,

– the Slovak Government, by B. Ricziová, acting as Agent,

– the German Government, by M. Lumma and B. Klein, acting as Agents,

– the Greek Government, by G. Karipsiadis and T. Papadopoulou, acting as Agents,

– the French Government, by G. de Bergues and S. Menez, acting as Agents,

– the Polish Government, by M. Dowgielewicz, D. Krawczyk and M. Nowacki, acting as Agents,

– the Finnish Government, by J. Heliskoski and M. Pere, acting as Agents,

– the Swedish Government, by A. Falk, acting as Agent,

– the United Kingdom Government, by L. Seeboruth and J. Stratford, acting as Agents,

– the European Commission, by P. Oliver and A. Tokár, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 15 July 2010,

gives the following

Judgment

1 This reference for a preliminary ruling concerns the interpretation of Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters approved on behalf of the European Community by Council Decision 2005/370/EC of 17 February 2005 (OJ 2005 L 124, p. 1) (‘the Aarhus Convention’).

2 The reference has been made in proceedings between Lesoochranáske zoskupenie VLK (‘zoskupenie’), an association established in accordance with Slovak law whose objective is the protection of the environment, and the Ministerstvo životného prostredia Slovenskej republiky (Ministry of the Environment of the Slovak Republic) (‘the Ministerstvo životného prostredia’), concerning the association’s request to be a ‘party’ to the administrative proceedings relating to the grant of derogations to the system of protection for species such as the brown bear, access to protected countryside areas, or the use of chemical substances in such areas.

Legal context

International law

3 Article 9 of the Aarhus Convention states:

‘1. Each Party shall, within the framework of its national legislation, ensure that any person who considers that his or her request for information under Article 4 has been ignored, wrongfully refused, whether in part or in full, inadequately answered, or otherwise not dealt with in accordance with the provisions of that article, has access to a review procedure before a court of law or another independent and impartial body established by law.

In the circumstances where a Party provides for such a review by a court of law, it shall ensure that such a person also has access to an expeditious procedure established by law that is free of charge or inexpensive for reconsideration by a public authority or review by an independent and impartial body other than a court of law.

Final decisions under this paragraph 1...