Case law

The article discusses a case law involving the Commission and the UK on access to justice. This case is the most recent in a number of cases dealing with the costs of judicial proceedings in environmental cases. The Commission responded to a complaint that the UK had not complied with its obligations under Articles 3(7) and 4(4) of Directive 2003/35/EC on public participation in respect of environmental plans. The essence of the Directive was to alter Directives 851337/ EEC (Oj 1985 L175/40) on EIA; and Directive 96/61/EC (011996 L257126) on IPPC, in Articles lOa and ISa respectively, to include provisions that judicial proceedings should not be prohibitively expensive. The Commission's final submission related to cross-undertakings, which it submitted were an infringement of the requirement that proceedings not be prohibitively expensive insofar as they related to interim relief. Cross-undertakings might be potentially very costly for a claimant.