ABSTRACT
The Federal Republic of Germany has been described as one of the primary engines of the European Union's (UN) environmental program and a proponent of environmental legislation in many areas. This chapter examines European Court of Justice decisions on four issues—Pentachlorophenol, crayfish, environmental impact assessment, and wild birds—relating to the Federal Republic of Germany's environmental laws and the extent to which Germany has been allowed to maintain environmental legislation deemed inconsistent with directives enacted by the EU or challenged for not enacting the EU directive. The Commission brought the environmental impact assessment case pursuant to Article 169 in order to protect the integrity of the EU's adopted procedures for conducting environmental impact assessments. Harmonization of European laws remains controversial for several reasons. Since the 1978 Pubblico v. Ratti decision, opponents of harmonization have framed the discussion using the principle of subsidiarity.
