91998E2607

WRITTEN QUESTION E-2607/98

by Patricia McKenna (V) to the Commission

(1 September 1998)

Subject: European Court of Justice

The judgment of the European Court of Justice in Case C-321/95P has been described as "an unfortunate situation detrimental to the rule of law" by the Belgian Environment Minister. It results in a situation whereby defenders of collective rights are barred from the outset from challenging the decisions of EU institutions, resulting in a serious vacuum in judicial protection in issues of collective interest.

Does the Commission accept that this ruling presents a serious challenge to democracy and subsidiarity in the European Union?

In Case C-321/95P, Greenpeace, plus other organisations and individuals tried to challenge the Commission's decision to continue Community financing of two oil-fired power stations, the construction of which had begun before an environmental impact assessment had taken place. The project was therefore in breach of Directive 85/337/EEC(1) and Community decision C(91) with regard to structural funds.

Is it not completley unacceptable that, in circumstances where collective rights are in question, this ruling allows the EU to act without groups and organisations having legal redress.

(1) OJ L 175, 5.7.1985, p. 40.