<i>Deutsche Umwelthilfe eV</i>: Implementing the Aarhus convention in EU law

Abstract The 1998 Aarhus Convention has had a transformative influence on the legal orders of the European Union (EU) and its Member States. In Case C‐873/19, the Court of Justice of the EU expanded its reasoning on the interpretation of article 9(3) of the Aarhus Convention. First, it ruled that article 5(2) of Regulation 715/2007 on EC‐type approval is to be regarded as law relating to the environment. Second, the Court confirmed that article 9(3) of the Aarhus Convention in conjunction with article 47 of the Charter of Fundamental Rights of the EU creates an obligation incumbent on EU Member States to enable an environmental organisation to have standing to challenge a decision approving certain diesel engines devices that restrict emissions. This case note enquires into the consequences of the Court's broad understanding of term ‘law relating to the environment’. Furthermore, it argues that although EU law obligations based on article 9(3) of the Aarhus Convention lack direct effect when read in conjunction with article 47 of the Charter of Fundamental Rights, they produce a similar effect in legal orders of the EU Member States and impose an obligation to provide broad procedural rights for environmental nongovernmental organisations in any matters related to environmental law.