Rospuda case

1
Rospuda case
2

• Controversial plans to build a highway (Via
  Baltica) through a nature reserve in eastern
  Poland contrary to the EC Law (Directive
  94/63/EEC)

3
Planned Via Baltica
4
Ecologists protested against the start of works
Part of the inhabitants of Augustów protested
against ecologists...
5

• At the beginning of 2007 Commission send a letter
  of formal notice to the Polish government and in
  February 2007 the reasoned opinion.
• Talks between Polish government and Commission.
  Poland was not willing to renounce the project.

6

• Commission sent the official complaint to the ECJ
  (case registered as C-193/07) and asked the ECJ
  to order an interim measures
• ECJ ordered an interim measure (April 2007)
• The referendum took place
• in Podlasie region ...

7
?
8
To compare with the Newbury case the largest
anti-road protest in the European history 1996

• - The inhabitants of the Bershire (UK) and the
  ecologist protested against the plans to build
  the highway, as it would harm the environment,
  the highway would go through the battlefield (so
  the cementary in fact) and archeological sites
  and violate the Directive 85/337 requiring
  environmental impact assessment
• - The UK government did not agree.
• - The representatives of civil society alerted
  the Commission.
• Commission refused to bring the claim under
  article 226 what is sometimes cited as a clear
  example of the misuse of the Commissions
  discretionary power
• The groups of individuals addressed a petition
  to the European Ombutsman and his opinion on the
  European Commission was very critical