Unlawfully Authorised Projects under the Habitats Directive: Remediation at All Costs? Comment on the CJEU Judgment of 10 November 2022 in Case C-278/21 AquaPri
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Unlawfully Authorised Projects under the Habitats Directive: Remediation at All Costs? Comment on the CJEU Judgment of 10 November 2022 in Case C-278/21 AquaPri. / Braaksma, Lolke; Haugsted, Thomas.
I: Journal for European Environmental & Planning Law, Bind 20, Nr. 1, 2023, s. 95-113.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Unlawfully Authorised Projects under the Habitats Directive: Remediation at All Costs?
T2 - Comment on the CJEU Judgment of 10 November 2022 in Case C-278/21 AquaPri
AU - Braaksma, Lolke
AU - Haugsted, Thomas
PY - 2023
Y1 - 2023
N2 - On 10 November 2022, the cjeu delivered its judgment in AquaPri concerning a Danish fish farm, which had been authorised in breach of the requirement to carry out an appropriate assessment laid down in Article 6(3) hd. The case provided the Court with an opportunity to clarify several important issues that may occur when the national authorities fail to carry out an appropriate assessment in line with this provision. In this annotation, we discuss the three main issues dealt with by the Court, namely (i) whether the renewal of existing permits falls under the concept of ‘project’ under Article 6(3) hd, (ii) the extent to which Member States must remedy the consequences of a failure to carry out an appropriate assessment, and (iii) the role of already conducted programme-based impact assessments in this regard.
AB - On 10 November 2022, the cjeu delivered its judgment in AquaPri concerning a Danish fish farm, which had been authorised in breach of the requirement to carry out an appropriate assessment laid down in Article 6(3) hd. The case provided the Court with an opportunity to clarify several important issues that may occur when the national authorities fail to carry out an appropriate assessment in line with this provision. In this annotation, we discuss the three main issues dealt with by the Court, namely (i) whether the renewal of existing permits falls under the concept of ‘project’ under Article 6(3) hd, (ii) the extent to which Member States must remedy the consequences of a failure to carry out an appropriate assessment, and (iii) the role of already conducted programme-based impact assessments in this regard.
U2 - 10.1163/18760104-20010005
DO - 10.1163/18760104-20010005
M3 - Journal article
VL - 20
SP - 95
EP - 113
JO - Journal for European Environmental and Planning Law
JF - Journal for European Environmental and Planning Law
SN - 1613-7272
IS - 1
ER -
ID: 331527574