Op-Ed: “ClientEarth v. Commission and ECHA (C‑458/19 P): A lost opportunity to clarify the Aarhus Regulation” by Rui Tavares Lanceiro
In the recent judgment ClientEarth v Commission and ECHA (C‑458/19 P), the Court of Justice had the opportunity to address a number of issues related to the judicial control of final decisions of the procedure for internal review of EU administrative acts, pursuant to the Aarhus Regulation.
Under Article 10(1) of the Aarhus Regulation, certain NGOs are entitled to submit a reasoned request and trigger an internal review of an administrative act by the EU institution that has adopted it under environmental law. This procedure was introduced in the EU legal order to implement Article 9(3) of the Aarhus Convention. The decisions resulting from that review procedure, which are addressed to the person who requested the review, can be r