It would cost zillions to try as you would have to provide irrefutable
scientific evidence of environmental damage caused, not just opinion,
and would probably be appealed by the EA up to the House of Lords and
then to the ECJ, without guarantee that you could continue production in
the UK (I don't know whether English law allows for the Napoleonic
"effet suspensif" although it may exist in Scotland which has a
different legal system). If this happened, count on a 10-year battle.
Brian
John Burke wrote:
> Correct, but you could I believe make a case in that country of the (in this
> case government) causing environmentall damage by introducing the RoHS
> directive into UK law if you so desired which would then give an entry point
> No?
>
> John
>
> -----Original Message-----
> From: Brian Ellis [mailto:[log in to unmask]]
> Sent: Thursday, May 18, 2006 12:02 AM
> To: (Leadfree Electronics Assembly Forum); John Burke
> Subject: Re: [LF] NTC Europen based Environmental agency taken to court over
> environmental damage - and lost the case......
>
> John
>
> This is not a European affair, but uniquely an English one (not even
> British, as Scotland is organised differently). It would carry little or
> no weight as a precedent in any other State, because the infringed rules
> would not relate to a European Directive, but to English law.
>
> Brian
>
> John Burke wrote:
>> Speaking of the environment, I believe a precedent was set today in
> England,
>> but I am sure this will not be the last case ...
>>
>>
>>
>> I believe that this court settlement sets a European precedent for an
>> environmental agency being taken to court over environmental
> damage.....and
>> losing the case
>>
>>
>>
>> http://news.bbc.co.uk/1/hi/england/devon/4992048.stm
>>
>> "Judge Jeremy Griggs said: "It is surprising to find the Environment
> Agency
>> as a defendant in the dock."
>>
>> Just an FYI - thought I would share it.it is definitely food for thought.
>>
>>
>>
>> John
>>
>>
>>
>> http://www.rohsusa,com <http://www.rohsusa,com/>
>>
>>
>>
>>
>>
>>
>>
>>
>>
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