Case status: Pending.
Follow-up: -
Topics: Definition; Access to justice.
Articles alleged: 2(5); 3(1) and (4); 9(2) - (4).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: The communication was submitted to the Compliance Committee on 2 May 2023 by the organization Comitato per la tutela dell’ambiente e la salute dei cittadini (ex No-Maxi stalla). The communication alleges non-compliance with articles 2 (5), 3 (1) and (4) and 9 (2) and (3) regarding access to justice for unregistered environmental associations (Part A of the communication). In addition, the communication alleges non-compliance with articles 3 (1) and 9 (2)-(4) of the Convention in relation to costs orders against unsuccessful claimants in environmental litigation (Part B of the communication).
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
|
Communication |
From the communicant | 02.05.2023 |
| Annex 6: Appeal before Council of State of 17.10.2013 ENG ITA Annex 7: Council of State, judgment no. 4952 of 04.05.2021 ENG ITA Annex 8: Council of State, judgment no. 7799 of 22.06.2022 ENG ITA Annex 9: Council of State, judgment no. 10441 of 22.09.2022 ENG ITA Annex 10: Council of State, judgment no. 2520 of 20.01.2022 ENG ITA Annex 11: Regional Administrative Court of Campania, judgment no. 3663 of 16.11.2022 ENG ITA Annex 12: Council of State, judgment no. 3885 of 21.04.2022 ENG ITA Annex 13: Regional Administrative Court of Toscana, judgment no. 1303 of 19.10.2022 ENG ITA |
||
| Statement on preliminary admissibility | From the communicant | 09.06.2023 |
| Email to parties on outcome of the Committee's determination on preliminary admissibility | From the secretariat | 30.06.2023 |
| Letters to the Party concerned and the communicant enclosing Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response | From the secretariat | 16.09.2023 |
| Letter enclosing response to communication | From the Party concerned | 15.02.2024 |