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ACCC/C/2016/137 Germany

Case status: Findings adopted on 23.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8g.
Topics: Definitions; Access to justice.
Articles alleged: 2 (5); 3 (4), 3 (6); 9 (2).
Articles considered by the Committee: 2 (5); 3 (4); 9 (2); 9 (3).
Articles, if any, found in non-compliance: 2 (5); 9 (2).
Summary: On 10 February 2016, WWF Germany submitted a communication to the Compliance Committee alleging that Germany failed to comply with its obligations under the Convention with respect to the criteria for standing of environmental non-governmental organizations to have access to justice in environmental matters. More specifically, the communicant alleged that the criteria for recognition established in the Environmental Appeals Act are overly restrictive and have a discriminatory effect, and impede access to justice, in violation of articles 2 (5), 3 (4) and (6) and 9 (2) of the Convention.

Documents Status Date received or 
posted by the secretariat
Communication and annexes From the communicant 10.02.2016
Comments on preliminary admissibility From the Party concerned 01.03.2016
Letter to the Party concerned enclosing the Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response  From the secretariat 03.08.2016
Letter to the communicant enclosing the Committee's determination of preliminary admissibility From the secretariat 03.08.2016
Cover letter enclosing response From the Party concerned 03.01.2017
Comments on the Party concerned's response to the communication From the communicant 07.02.2017
Statement From observer (Greenpeace) 08.02.2017
Questions from the Committee to the communicant From the secretariat 12.03.2018
Request for extension to reply to the Committee's questions From the communicant 22.03.2018
Decision from the Chair of the Committee to grant an extension From the secretariat 27.03.2018
Reply to questions From the communicant 17.04.2018
Letters inviting Party concerned and communicant to hearing at the Committee’s 61st meeting From the secretariat 23.05.2018
Opening statement for hearing at Committee's 61st meeting From the communicant 03.07.2018
Opening statement for hearing at Committee's 61st meeting From the Party concerned 04.07.2018
Observer statement for hearing at Committee's 61st meeting From the observer, Independent Institute for Environmental Issues (UfU) 04.07.2018
Draft findings and letters to the Party concerned and communicant inviting their comments From the secretariat 08.06.2021
Cover letter enclosing comments on the Committee’s draft findings
Annex 1: Comments on draft findings in track changes
From the Party concerned 14.07.2021
Comments on the Committee’s draft findings From the communicant 15.07.2021
Findings ENG   23.07.2021