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.

The case (Commission v Council, C-300/89, ECJ, 11 June) concerned the 1989 Directive on the harmonisation of Member States' programmes for the reduction and eventual elimination of pollution caused by waste generated by the titanium dioxide industry. As a result of the Court's ruling the Directive has been declared void, but the decision has much wider implications for the future development of Community environmental legislation.


Please sign in or register to continue.

Sign in to continue reading

Having trouble signing in?

Contact Customer Support at
or call 020 8267 8120

Subscribe for full access

or Register for limited access

Already subscribe but don't have a password?
Activate your web account here