Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

The Friends of the Earth Case

European Court of Justice
[2011] EUECJ C-115/09


Facts

The Arnsberg District Administration (defendant) granted Trianel Kohlekraftwerk GmbH & Co. KG a permit to build a coal power station. The Nordrhein-Westfalen branch of Friends of the Earth (plaintiff) brought suit in German court seeking an invalidation of the permit based on the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). Specifically, the Aarhus Convention prohibited national laws that prevented nongovernmental environmental organizations from bringing judicial actions seeking to invalidate permits for projects that would have significant environmental effects. The Aarhus Convention was approved by the European Union (EU), and EU law required the laws of each nation to align with the Aarhus Convention. The German court found that German environmental law protected the interests of the general public but not individuals. The court thus stated that Friends of the Earth did not have the ability to challenge the permit under German law. However, the court believed that this restriction may violate the Aarhus Convention. Accordingly, the court referred the question to the European Court of Justice.

Rule of Law

Issue

Holding and Reasoning

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 458,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial