Judgment_paragraph 47 · Council of the European Union and European Commission v Stichting Natuur en Milieu and Pesticide Action Network Europe (C-404/12 P, C-405/12 P)

47With regard to Article 9(3) of the Aarhus Convention, that article does not contain any unconditional and sufficiently precise obligation capable of directly regulating the legal position of individuals and therefore does not meet those conditions. Since only members of the public who ‘meet the criteria, if any, laid down in … national law’ are entitled to exercise the rights provided for in Article 9(3), that provision is subject, in its implementation or effects, to the adoption of a subsequent measure (see judgment in Lesoochranárske zoskupenie, EU:C:2011:125, paragraph 45).