ECJ: Judgment in favor of environmental organizations

In a judgment on 12 May, the European Court of Justice gave environmental organizations wider access to justice in Germany. According to the ruling, the German Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz - UmwRG) of December 2006, which entitles recognized environmental protection organizations to a right of access to the courts, does not fully implement the provisions of European law. Germany now has to adapt the UmwRG accordingly and until the amendment enters into force, recognized environmental organizations can directly invoke European law to bring an action before the courts.

The judgment (case C-115/09)