LAUSR

In recent judgments on species protection and waste, the Court of Justice has taken up a very restrictive concept to specify the precautionary principle, which – in this form – it had so far only applied to site protection under the Habitats Directive. According to this concept, certain activities can only be permitted if there is no reasonable scientific doubt that they will not cause harm. This paper will present the respective decisions and then discuss their practical consequences, the context of complex assessments, proportionality and the possible transfer of this line of jurisprudence to other provisions on permits.