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German Court: OVG Muenster - Scope of environmental organisation's right to contest infringements of environmental law provisions

( March 6, 2009, 10:07 GMT | Official Statement) -- ****************************************MLex-e3 Summary: The Higher Administrative Court (OVG) in Muenster has made a referral to the European Court of Justice concerning the compatibility of provisions in public law which limit environmental organisations' right to contest infringements of environmental law provisions only to those granting subjective rights to individuals with European Community law. In the main proceedings, Friends of the Earth Germany (BUND) brought a court action against a preliminary order and a partial permission on the basis of the Federal Emission Control Legislation in respect of the construction of a coal power plant in Luenen. The Environment organisation claimed an infringement of the principles of precaution and provisions of law on nature protection which, however, were only in the general interest but didn't aim at protecting subjective rights to individuals such as health and the property of neighbours....

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