21Third, the appellants submit that the approach adopted by the Court of First Instance in the contested order is at odds with both the case-law of the Court of Justice and declarations of the Community institutions and governments of the Member States on environmental matters. As regards case-law, they rely on the holding that environmental protection is ‘one of the Community's essential objectives’ (judgments in Case 240/83 Procureur de la République v Association de Défense des Brûleurs d'Huiles Usagées [1985] ECR 531, paragraph 13, and Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 8) and submit that Community environmental legislation can create rights and obligations for individuals (judgments in Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 7, and Case C-361/88 Commission v Germany [1991] ECR I-2567, paragraphs 15 and 16). Furthermore, in the present case, the appellants submit that their arguments relating to individual concern are based essentially on their individual rights conferred by Directive 85/337, Articles 6(2) and 8 of which provide for participation in the environmental impact assessment procedure in relation to certain projects (judgment in Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraphs 37 to 40), and that they are singled out by virtue of those rights which are recognised and protected in Commission Decision C (91) 440.
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