European Court shakes up legal basis of EEC environmental policy

In 1989, EEC Environment Ministers adopted a Directive on waste from the titanium dioxide industry. In what may prove to have been a landmark judgement, the European Court of Justice has just ruled that they selected the wrong legal basis for the Directive - and encouraged the European Commission to put forward much of its future environmental legislation on a basis which will make it open to agreement by majority vote. Our legal correspondent Richard Macrory (Reader in Environmental Law, Centre for Environmental Technology, Imperial College) assesses the implications.

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