R (Wells) v Secretary of State for Transport, Local Government and the Regions
An individual can rely on a directive against the state, even if this has adverse consequences for a third party, as long as it does not directly impose an obligation on that third party.
Facts
Mrs Wells lived near a disused quarry in Wales. The owners of the quarry obtained approval from the authorities to resume mining operations, without an environmental impact assessment being carried out, as required by an EU directive. Mrs Wells challenged the decision. The British government argued that requiring an assessment would amount to giving the directive inverse direct effect against the quarry owners, which would breach the rule that directives cannot impose obligations on individuals.
Legal principle
The Court of Justice held that Mrs Wells could rely on the directive. Mere adverse repercussions on the rights of third parties, even if the repercussions are certain, do not justify preventing an individual from invoking the provisions of a directive against the Member State concerned. The obligation to carry out an assessment was imposed on the state, not on the quarry owners, so the directive was not being enforced against them. The court had to decide what remedy to give, which might include revoking the consent.
Related cases on direct effect of directives
- Becker v Finanzamt Münster-Innenstadt Case 8/81, [1982] ECR 53
- CIA Security International SA v Signalson SA Case C-194/94, [1996] ECR I-2201
- Dansk Industri (DI), acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen Case C-441/14, EU:C:2016:278
- Egenberger v Evangelisches Werk für Diakonie und Entwicklung eV Case C-414/16, EU:C:2018:257
- Faccini Dori v Recreb Srl Case C-91/92, [1994] ECR I-3325
- Farrell v Whitty Case C-413/15, EU:C:2017:745
- Foster v British Gas plc Case C-188/89, [1990] ECR I-3313
- Fratelli Costanzo SpA v Comune di Milano Case 103/88, [1989] ECR 1839
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