Judgment_paragraph 32 · Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky (C-240/09)

32Next, it must be determined whether, in the field covered by Article 9(3) of the Aarhus Convention, the European Union has exercised its powers and adopted provisions to implement the obligations which derive from it. If that were not the case, the obligations deriving from Article 9(3) of the Aarhus Convention would continue to be covered by the national law of the Member States. In those circumstances, it would be for the courts of those Member States to determine, on the basis of national law, whether individuals could rely directly on the rules of that international agreement relevant to that field or whether the courts must apply those rules of their own motion. In that case, EU law does not require or forbid the legal order of a Member State to accord to individuals the right to rely directly on a rule laid down in the Aarhus Convention or to oblige the courts to apply that rule of their own motion (see, by analogy, Dior and Others, paragraph 48 and Merck Genéricos – Produtos Farmacêuticos, paragraph 34).

Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky (C-240/09)

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