PROTECTION OF THE ENVIRONMENT

The Court often has the opportunity to adjudicate on environmental topics, since the European Union adopts many measures in this field. Thus, the Court has already ruled on the protection of many animal species (birds, tortoises, hamsters, lynx, etc.), on the treatment of waste and of urban waste-water, the observance of nitrogen dioxide limit values, the rules on the marketing of products derived from seal or on greenhouse gas emission quotas.

Under the 'twofold infringement procedure' (on account of the failure by a Member State to comply with an initial judgment delivered against it), the Court has been led to impose — sometimes significant — financial sanctions on Member States which have failed to comply with its judgments on environmental protection. Thus, the largest fixed sum imposed (EUR 40 million) was on Italy in 2014 for infringement of the EU rules on waste treatment (judgment of 2 December 2014, Commission v Italy, C-196/13). The heaviest fine (EUR 57.55 million per six-month period of delay) was imposed on France for having failed to carry out correct controls on the fishing of certain fish (hake under the minimum size required by the EU, judgment of 12 July 2005, Commissionv France, C-304/02).