Civil Society Litigation in EU Environmental Law – A Systematic Study of Preliminary References to the CJEU

Abstract

This article undertakes a systematic analysis of environmental litigation at the Court of Justice of the European Union, focusing primarily on preliminary reference procedures initiated by civil society actors. It does so in order to provide a basis for future research that goes beyond individual case studies. Central take-aways are strong geographical disparities in cases brought by individuals and environmental non-governmental organisations (ENGOs), with many cases from Belgium, France, Germany, and the Netherlands and very few cases from Spain, Greece and Portugal. Cases brought by individuals are equally numerous as cases brought by ENGOs, suggesting that ENGOs are not the only beneficiaries of the procedural innovations precipitated by the Aarhus Convention. Finally, companies are the most frequent litigants in environmental cases. Not all such cases challenge environmental obligations, but the significant number of cases that do, even where they are directed at individual decisions rather than policies, pose significant questions about the cumulative effects of such litigation.