The coercive detention of persons for the purpose of enjoining them to adopt measures to improve ambient air quality can be ordered only if a national legal basis which is sufficiently accessible, precise and foreseeable in its application exists to that end and if the detention is proportionate.

Preliminary ruling referred by the Higher Administrative Court of Bavaria to the Court of Justice of the European Union (CJEU), to seek if the national courts have the faculty to impose coercive detentions to national authorities who refuse to comply with a judicial decision that compel them to run the obligations imposed by the European Union law….

The action of the legislator in rendering the lack of effect of an administrative act declared null and void by a nonfinal judgment does not cause the rupture of the causal link of the econòmic liability of the Administration that authorizes the annulled act, if the rest of the requirements for administrative liability are met.

In 2009, a company entered a tender called by the Cantabrian government to allocate wind power. In 2012 the Cantabrian High Court of Justice (TSJCanT) declared the decision to hold the tender null and void and in 2015 the Supreme Court (SC) confirmed this decision. Between these two moments, the Cantabrian Parliament passed a law…

The TSJC concludes that a City Council is competent to occasionally exempt the acoustic limitations provided in the Acoustic Capacity Map of the town, on the occasion of festivals and cultural events with a certain attachment.

The High Court of Justice of Catalonia, within the framework of a procedure in which certain residents had denounced the Town Hall because the noise immission levels allowed by the Acoustic Capacity Map had been exceeded on their property on the occasion of the town’s main festival, concluded that a Town Hall – in this…