European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Environmental protection, which constitutes one of the essential objectives of the Union , may justify the adoption of national measures likely to hinder intra-EU trade where the measures in question remain proportionate to the objective sought .
Article 191 TFEU sets out the EU's objectives regarding the environment:
- preserving, protecting and improving the quality of the environment,
- protect …

Environmental protection

Environmental protection, which constitutes one of the essential objectives of the Union , may justify the adoption of national measures likely to hinder intra-EU trade where the measures in question remain proportionate to the objective sought .

Article 191 TFEU sets out the EU's objectives regarding the environment:

- preserving, protecting and improving the quality of the environment,

- prudent and rational utilization of natural resources,

- promoting measures at international level to deal with regional or worldwide environmental problems.

Environmental policy takes account of both the economic and social development of the Union as a whole and the balanced development of the diversity in the regions. It is based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source, and that the polluter should pay. Harmonization measures having taken place in the field of environmental protection include a safeguard clause allowing Member States to take provisional measures for non-economic environmental reasons.

Protecting the ozone layer , reducing emissions of greenhouse gases , combating the noise pollution generated by aircraft , systems favoring the prevention and recovery of packaging waste  or recycling of waste  come under environmental protection. It also includes the protection of public health insofar as it is aimed at limiting dangers to health related to a deterioration of the environment. Where environmental protection is relied on to justify a restrictive national measure, the European Court is not therefore required to review the arguments derived from the protection of public health .

To be approved, the restrictive measure must not go beyond what is necessary . A national provision which lays down a general traffic ban for certain vehicles and in certain places, without first examining the credibility of using rail-road transportation  or a deposit and return system, where the planned transitional period does not enable operators to adapt  were held disproportionate in the light of the objective sought.

Article 3 TEU (former Article 2 EC): “The Union shall have as its task […] to promote […] a high level of protection and improvement of the quality of the environment”.

Case C-320/03 Commission v Autriche [2005] ECR I-9871, LawLex200900001478JBJ.

Case C-463/01 Commission v Germany [2004] ECR I-11705, LawLex200900000912JBJ.

Case C-341/95 Bettati v Safety Hi-Tech [1998] ECR I-4355, LawLex201100000339JBJ, use and marketing of a product containing hydrochlorofluorocarbons for fire-fighting.

Case C-379/98 PreussenElektra [2001] ECR I-2099, LawLex200500004892JBJ.

Case C-389/96 Aher Waggen GmbH [1998] ECR I-4473, LawLex200900000637JBJ, acknowledging that the national provision imposes standards that are stricter than those laid down by a harmonization Directive.

See examples of disproportionate measures: Case 302/86 Commission v Denmark [1988] ECR 4607, LawLex200900002325JBJ; Case C-463/01 Commission v Germany [2004] ECR I-11705, LawLex200900000912JBJ.

Case C-2/90 Commission v Belgium [1992] ECR I-4431, LawLex200900002086JBJ, Cah. dr. eur., 1993, 672.

Case C-524/07 Commission v Autriche [2008] ECR I-187, Summ. pub., not available in English; See, also, for a sectoral prohibition on road transport with the aim of guaranteeing the quality of ambient air: Case C-320/03 Commission v Autriche [2005] ECR I-9871, LawLex200900001478JBJ.

Case C-492/14 Essent Belgium NV, Judgment of 29 September 2016, LawLex201600001574JBJ. 

Case C-320/03 Commission v Autriche [2005] ECR I-9871, LawLex200900001478JBJ. For regional legislation which imposes a scheme for the free distribution of green electricity through the distribution systems deemed disproportionate.

European Business Law

44. Environmental protection

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

44. Environmental protection

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise