Supreme Administrative Court Once Again Favours Environmental Organisations

Introduction

The Supreme Administrative Court is gradually granting more rights to environmental organisations (EOs) in nature conservation procedures. Following a December 2020 ruling of the Supreme Administrative Court regarding the party status of EOs (for further details please see "New ruling expands environmental organisations' rights in nature conservation procedures"), the Supreme Administrative Court remains on course with its pro-EO case law. In recent months, the court has issued several more interesting rulings that seem to strengthen EOs' position in nature conservation proceedings.

Retroactive appeals against permits

Due to both EU law and European Court of Justice (ECJ) case law, in recent years, EOs have gradually been granted rights to participate and to appeal in proceedings under nature conservation law. Following the ECJ's prominent decision in Protect,¹ these rights derive from the Aarhus Convention² and the Charter of Fundamental Rights,³