Chapters

• Litigation costs and time limits of the procedures
• Foreword
• List of Topics
• Setting the scene
• Ceci n’est pas une pipe
• 16.3
• „3rd pillar“
• Article 9 AC guarantees access to justice in its para. 1,2,3
• „Catch-all clause“
• „Green due process“
• Litigation costs
• Understanding...
• “Not prohibitively expensive”
• ”Not prohibitively expensive.” (replicated in Directives)
• Problems
• Prohibitive costs ‘one of Ireland’s great difficulties’ in bringing environmental cases, says Chief Justice Frank Clarke
• C-260/11, p.33
• Of course, the same goes with this green case…
• Like Chief Justice Frank Clarke from Ireland you should have a critical look… at your domestic cost regime…
• Federal Environmental Agency (Umweltbundesamt)
• NGOs in Germany were asked on how much they had to pay for the environmental litigation...
• German rules on costs...
• Prohibitively expensive?
• 3 leading cases
• C-260/11: Edwards and Pallikaropoulos
• How to define “costs” in this context?
• Predictability counts…
• The (difficult) control of the national court…
• All three instances ? Yes!
• What about the “loser pays principle”?
• What are subjective elements?
• What is the „objective test“?
• The discretion of the domestic judges…
• Legal aid
• Time limits of the procedure
• Article 9 (4) AC: “procedures must be timely”
• Time limits
• Commission Notice on Access to Justice in Environmental Matters