ECJ rules: If in doubt, for the nature
In a recent decision the ECJ determinates what legal criteria must be applied by the authority, when assessing whether a plan or project may have an adverse effect on the integrity of the protected area (Art. 6 para. 3 of the Habitats Directive). Is it likely that a project adversely affects the lasting preservation of the constitutive characteristics of the habitat, it may not be approved.
Hydro power plant on the river Schwarze Sulm: Legal chronology of a scandal
Construction starts at the Black Sulm although the decision is in breach of substantive law: If the Aarhus Convention was implemented properly in Austria, the standing of environmental organizations could be used to claim against the defects.
geändert am 06.06.2013