EEL News Service 2005/13, 15 July 2005

Added to Case Law, ECJ:

*C-304/02, Commission v. French Republic
ECJ 12-07-2005, nyr
France was condemned on the ground of article 228 EC for the failure to comply with an earlier judgement of 11 June 1991 (LINK case C-64/88, Commission v. France), requiring the implementation of the legislation on fisheries activities. France argued that it developed and strengthened its mechanisms of control, and its policy of deterrent penalties, through the adoption of administrative measures. The ECJ considered these inadequate and insufficient and condemned France to pay both a penalty of over € 57 million on a half year basis as long as the judgment in case C-64/88 LINK has not been fully complied with and a lump sum of € 20 million. Previously, the court handed already periodical penalty payments twice (LINK Case C-387/97 Commission v. Greece, and LINK Case C-278/01 Commission v. Spain), but never a lump sum. This strict ruling has a particular significance for the necessary improvements in the implementation and enforcement of European environmental law.

*C-64/88, Commission v. French Republic
ECJ 11-06-1991, ECR [1991] I-2727
France was found not to have implemented the European legislation on fisheries correctly. As this judgment did not lead to sufficient action from the side of France, a second case was brought to the ECJ, resulting in an Article 228 judgment in Case C-304/02 LINK condemning France to pay both a lump sum of € 20 million and a penalty of over € 57 million on a half year basis as long as the judgment in case C-64/88 has not been fully complied with.

Added to Dossiers, European Climate Policy
Although the G8 summit, including the USA, acknowledged that human activities contribute to climate change, no agreement was reached on emission reduction targets. No emission reduction targets were agreed upon, so that only countries that are a party to the Kyoto Protocol (all countries present except the USA) are under a legal obligation to take action. See the official documents from the Gleneagles summit: Climate Change statement, Chair statement, Communique and Climate Change Plan of Action. Also see on this website the European Climate Policy dossier.

Added to Dossiers/Links, Air Pollution, Ambient Air Quality:

Information was added about substances, such as ozone, nitrogen oxide, sulphur dioxide, lead, benzene and carbon monoxide.

Update on and added to the National Pages:
On this page, some important law universities were added, international law firms and NGOs, as well as the fundamental legislations and environmental policy.

*Switzerland, San Marino. Romania, Liechtenstein and Andorra have been updated.

Wybe Th. Douma (T.M.C. Asser Institute, The Hague)
Jens Hamer (Academy of European Law, Trier)

Daria Ratsiborinskaya (T.M.C. Asser Institute, The Hague and Institute of European law, MGIMO-University, Moscow)

Technical realisation:
Marco van der Harst, Julien J.M. Simon