Court of Justice of the European Union (General Chamber), Judicial review of EU Acts after the Treaty of Lisbon; Order of 6 September 2011, Case T-18/10 Inuit Tapiriit Kanatami and Others v. Commission & Judgment of 25 October 2011, Case T-262/10 Microban v. Commission

Abstract

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Climate Rights Enforcement in the EU: Individual Rights – Causation – Standing

“…Arguably, the wording of Article 263(4) TFEU allows a wider interpreta tion of 'individual concern' , covering more constellations than the Plaumann ones, 55 as this could also be plausibly based on whether there is an individu al right involved. However, so far such arguments have been unsuccessful even in the context of climate change.…”

The EU Green Deal and its Implementation

“…Strategic investments can determine a direction of growth and function as guidance for further private investment. 55 Studies on the efficiency of different public policies imply that missi on-oriented spending on innovation performs well above traditional forms such as tax cuts, or investment in "shovel-ready" projects and infrastructure when it comes to economic effects. In this regard, such policies lead to permanent rather than temporary effects on the level of output and tend to positively affect other economic areas by generating a GDP multiplier effect around ten times larger than standard government spending exclu ding R&D, implying a "supermultiplier" effect.…”

“…WTO members' autonomy to determine their own environmental objectives has been reaffirmed a number of times, such as in the case of the US regarding gasoline 54 and in the case of Brazil regarding retreaded tires. 55 In order for a trade-related environmental measure to be eligible for an exception under Article XX, paragraphs (b) and (g), a member must establish a connection between its stated environmental policy goal and the measure at issue. The measure must be either necessary for the protection of human, animal or plant life or health (paragraph (b)) or relating to the conservation of exhaustible natural resources (paragraph (g)).…”

“…In the case of the ECT this situation can be explained by its roots in history, which can be traced back to the objective of "integrating the energy sectors of the former Soviet Union and Eastern Europa into Western European markets at the end of the Cold War. " 55 Secondly, the ECT emphasizes the commitment to fair and equitable treatment "at all times", accompanied with "the most constant protection and security". 56 It is of no coincidence that statistics of ECT cases as of 3/8/2021 57 show that out of 79 publicly known cases, 24% were opened based on the alleged breach of fair and equitable treatment, making up for 36% together with the ones based on "the most constant protection and security. "…”

“…In successi on of continuity in the same direction, the Action Plan for the Environment for Nature was approved in April 2017. 55 Further documents of Community administrative soft-law have followed with the same idea of recognizing -…”