After the judgment in Stichting Greenpeace Council and Others v Commission (Case C-321/95 P, ECJ, 2 April 1998), the doors to the European Court of Justice and the Court of First Instance seem barred to non-governmental organisations (NGOs) seeking to protect environmental interests through an action under Article 173(4) of the EC Treaty. Individuals wishing to have a decision annulled in order to protect their environmental interests seem to be in the same position and will also have extreme difficulty proving "direct and individual concern", as laid down in Plaumann (Case C-25/62 [1963] ECR 95). It is argued below that such a strict approach is not only detrimental to the protection of environmental interests, but also inconsistent with developments concerning access to justice on the national leveh Moreover, it seems at odds with European environmental policy itself Some possible alternatives, which may help remedy this regrettable situation, are set out.
European Energy and Environmental Law Review