Individuals in Defence of Atmosphere before the CJEU

Environmental justice as a constituent of environmental democracy in EU law is founded on the Aarhus Convention. This convention could not, in law, influence the general system of the EU treaty-based judicial protection and interpretation of Article 263(4) TFEU. There is no general procedure, to guarantee access to the CJEU for individuals who suffer environmental harm. For that reason, the need to explore or reshape institutions to address the procedural environmental rights of EU citizens is vital. This paper applies the well-established Plaumann case-law model to three recent cases. To begin with Greenpeace and Others (T-585/93; C-321/95 P), then, an example of climate change litigation at EU level – Carvalho and Others (T-330/18, C-565/19 P), lastly, the most promising, Paris, Bruxelles, Madrid (T-339/16, T-352/16, T-391/16) where the General Court held that the applicants – European cities were directly concerned by the regulation limiting their powers to regulate the air quality.