- Costs of environmental action contrary to Aarhus?
- What are PCOs?
- What happened in the Edwards’ case?
- Discretion of member states (Questions 1 and 3)
- Subjective v objective test (Question 2)
- Actual deterrence (Question 4)
- Different approach in different courts (Question 5)
- Is the A-G’s opinion binding on the CJEU?
- What is the UK government’s position on costs?
- Why didn’t the government wait until after the Edwards’ decision?
The Advocate-General (A-G) has given her opinion to the Court of Justice of the European Union (CJEU) in C-260/11 Edwards v Environment Agency. According to the A-G, both objective and subjective circumstances must be taken into account when determining whether the costs of environmental proceedings are prohibitively expensive. The CJEU is yet to issue its judgment on the matter.
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