Case C-420/11 Leth

The Advocate-General has given her opinion in this reference to the ECJ by an Austrian court, which relates to Environmental Impact Assessment (‘EIA’) and property rights.  Advocate-General Kokott concludes that the EIA Directive (85/337) does not require the assessment of the impact of a project on the pecuniary value of property.  Her opinion also considers the circumstances in which a right to compensation might arise in a case where, because of errors in the application of the Directive, the public was not sufficiently informed about the expected environmental impacts of a project.

The judgment of the ECJ (Fourth Chamber) is awaited.  The oral hearing took place on 17 October 2012 and Emma Dixon appeared for the United Kingdom Government.