Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 06/04/2009

Subject: The Court affirmed that the Directive 94/25, as amended by the Directive 2003/44, does not preclude national regulations which, for reasons relating to the protection of the environment, prohibit the use of personal watercraft on waters other than designated waterways. Articles 28 EC and 30 EC do not preclude such national regulations, if three conditions are satisfied: the competent national authorities are required to adopt the implementing measures provided for in order to designate waters other than general navigable waterways on which personal watercraft may be used; those authorities have actually designated the waters which satisfy the conditions laid down in the national regulations, and such measures have been adopted within a reasonable period after the entry into force of those regulations.

Parties: Åklagaren c/ Percy Mickelsson, Joakim Roos

Classification: Solidarity - Art. 37 Environmental protection

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