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Environmental litigation and the CJEU : overcoming barriers to standing?
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Carla GOMES, Heloísa OLIVEIRA, Armando ROCHA and Matteo FERMEGLIA (eds), Climate change before International Courts: a comparative study, Abingdon ; New York : Routledge, 2025, Routledge research in international environmental law, pp. 247-265
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HOEK, Niels Marijn, CROSERA, Arianna, Environmental litigation and the CJEU : overcoming barriers to standing?, in Carla GOMES, Heloísa OLIVEIRA, Armando ROCHA and Matteo FERMEGLIA (eds), Climate change before International Courts: a comparative study, Abingdon ; New York : Routledge, 2025, Routledge research in international environmental law, pp. 247-265 - https://hdl.handle.net/1814/93668
Abstract
In the last decade, climate change litigation has skyrocketed in Europe and worldwide, placing courts at the core of a key dialogue between civil society and political institutions. In particular with regard to cases brought by NGOs and individuals, the Court of Justice of the EU (CJEU) seems to have remained largely immune from this wave, having easily dismissed relevant climate cases due to the demanding standing threshold of the Plaumann test. But is climate change litigation truly impossible before the CJEU? This chapter outlines alternative avenues for standing in environmental cases for NGOs and individuals before the CJEU. More specifically, this contribution will argue that the recent amendment of the Aarhus Regulation, as well as the preliminary reference procedure, offer opportunities for calling the CJEU to its duties as the supreme court of the EU legal order. In the same breath, weremain critical of the EU's so-called complete system of remedies, as gaps persist in the access to justice for civil society.
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Published online: 15 September 2025