Environment
All Updates
Cases selected for updating the Case-Law Guide.
TMMOB and Tezcan Karakuş Candan v. Türkiye (dec.), no. 46514/15
Alleged failure to execute a judgment ordering a stay of execution of a decision to make available land in a protected forest area for the construction of a presidential complex.
Decision
Büttner and Krebs v. Germany (dec.), no. 27547/18
Procedural defects in the planning approval procedure for an airport near the applicants’ home.
Decision
Carême v. France (dec.) [GC], no. 7189/21
Lack of sufficient action to mitigate climate change, in particular climate change induced flooding – complaint brought by a former inhabitant and mayor of the municipality of Grande-Synthe.
Decision | Legal Summary
Duarte Agostinho and Others v. Portugal and 32 Others (dec.) [GC], no. 39371/20
Current and future severe effects of climate change, which the applicants attribute to the 33 respondent States, and which they claim impacted their lives, well-being, mental health and the peaceful enjoyment of their homes.
Decision | Legal Summary
Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20
Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary
Executief van de Moslims van België and Others v. Belgium, nos. 16760/22 and 10 others
Obligation to stun animals prior to their ritual slaughter.
Judgment | Legal Summary
Eólica de S. Julião, Lda v. Portugal (dec.), no. 33545/14
Order to dismantle wind turbines due to complaints about noise by nearby residents.
Decision
Atasagün v. Türkiye (dec.), no. 24621/21
Alleged responsibility of the municipality, which granted the applicant a permission to build in a zone prone to landslides, for damage to his house due to a landslide.
Decision
Associations of Communally-owned Forestry Proprietors 'Porceni Plesa' and 'Piciorul Batran Banciu' v. Romania, nos. 46201/16 and 47379/18
Lack of compensation for forest owners in relation to their inability to exploit their forests classified as protected natural areas, despite a right recognised by law.
Judgment
Erdal Muhammet Arslan and Others v. Türkiye, no. 42749/19
Effective remedy and appropriate jurisdictional response offered to the applicants in relation to the death of their relative buried under the rubble of a hotel following a destructive earthquake.
Judgment
Cangı and Others v. Türkiye, no. 48173/18
Applicability of the civil limb of Article 6 to the applicants’ participation in administrative proceedings on an environmental impact assessment decision concerning the extraction of gold using cyanide leaching at a mine.
Judgment
Durdaj and Others v. Albania, nos. 63543/09 and 3 others
Effectiveness of the investigation and ensuing criminal proceedings into the explosion at the Gërdec weapon decommissioning facility resulting in deaths and grievous bodily injuries.
Judgment | Legal Summary
Locascia and Others v. Italy, no. 35648/10
The protracted inability of domestic authorities to ensure the proper functioning of waste collection, treatment and disposal services and the failure to take measures in respect of environmental pollution caused by a landfill site.
Judgment
Efgan Çetin and Others v. Türkiye, no. 14684/18
Inability to challenge an administrative decision not requiring the commissioning of an environmental impact assessment in respect of a geothermal plant in the vicinity of the applicants’ olive grove and residences.
Judgment
Bryan and Others v. Russia, no. 22515/14
Applicants’ unacknowledged detention on board a vessel following a protest at an offshore oil drilling platform in the Pechora Sea.
Judgment
Kotov and Others v. Russia, nos. 6142/18 and 14 others
Protective measures taken to reduce effects of pollution from a landfill. Applicability and merits.
Judgment | Legal Summary
Pavlov and Others v. Russia, no. 31612/09
Protective measures taken to reduce effects of pollution from a landfill. Applicability and merits.
Judgment | Legal Summary
Advisory opinion on the difference in treatment between landowners’ associations “having a recognised existence on the date of the creation of an approved municipal hunters’ association” and landowners’ associations set up after that date [GC], no. P16-2021-002
The protection of the environment is of “general interest” under the Convention.
Advisory opinion | Legal Summary
Thibaut v. France (dec.), nos. 41892/19 and 41893/19
Effects of a planned extra-high-voltage line near the applicants’ house.
Decision
Bumbeș v. Romania, no. 18079/15
Activist fined for protesting against mining of precious metals in UNESCO world heritage site.
Judgment | Legal Summary
Traina Berto and Others v. Italy (dec.), no. 75505/12
Emergency fund and financial aid after flooding of business premises.
Decision
Yusufeli İlçesini Güzelleştirme Yaşatma Kültür Varlıklarını Koruma Derneği v. Turkey (dec.), no. 37857/14
NGOs' standing in environmental cases.
Decision
Kapa and Others v. Poland, nos. 75031/13 and 3 others
Residents disturbed by years of heavy traffic owing to motorway project.
Judgment
Association BURESTOP 55 and Others v. France, nos. 56176/18 and 5 others
Environmental NGOs’ access to accurate information on environmental risks of a planned nuclear waste site and right of access to a court.
Judgment | Legal Summary
Gavrilova and Others v. Russia, no. 2625/17
Retroactive annulment of title deeds over plots of land classified as “forestry resources”.
Judgment
Hudorovič and Others v. Slovenia, nos. 24816/14 and 25140/14
Allegedly insufficient measures to ensure access to safe drinking water and sanitation for Roma communities.
Judgment | Legal Summary
Çiçek and Others v. Turkey (dec.), no. 44837/07
Complaint about passive attitude of authorities regarding air pollution from industrial plant lacking substantiation of nature of emissions or applicants’ concrete suffering.
Decision| Legal Summary