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

Harvard

Braaksma, L & Haugsted, T 2023, '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', Journal for European Environmental & Planning Law, bind 20, nr. 1, s. 95-113. https://doi.org/10.1163/18760104-20010005

APA

Braaksma, L., & Haugsted, T. (2023). 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. Journal for European Environmental & Planning Law, 20(1), 95-113. https://doi.org/10.1163/18760104-20010005

Vancouver

Braaksma L, Haugsted T. 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. Journal for European Environmental & Planning Law. 2023;20(1):95-113. https://doi.org/10.1163/18760104-20010005

Author

Braaksma, Lolke ; Haugsted, Thomas. / 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. I: Journal for European Environmental & Planning Law. 2023 ; Bind 20, Nr. 1. s. 95-113.

Bibtex

@article{2450cf4ad0064329881f08adb1d207f3,
title = "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",
abstract = "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 {\textquoteleft}project{\textquoteright} 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.",
author = "Lolke Braaksma and Thomas Haugsted",
year = "2023",
doi = "10.1163/18760104-20010005",
language = "English",
volume = "20",
pages = "95--113",
journal = "Journal for European Environmental and Planning Law",
issn = "1613-7272",
publisher = "Brill - Nijhoff",
number = "1",

}

RIS

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