Court rulings near over EU's "green guarantee"

Legal advisor recommends rejection of German, Danish, bids to maintain stricter rules

The first ever European court of justice rulings on the EU's "environmental guarantee" treaty clause look set to go against two member states' demands to maintain restrictions tougher than specified in European law. In legal opinions released today, the court's advisor on the cases sides with the European Commission, which rejected the two requests in 1999 (EED 27/10/99).

One case concerns a German requirement for certain types of mineral wool to be labelled as more dangerous "category 2" carcinogens. A 1997 directive amending the EU's 1967 rules on classification, packaging and labelling of dangerous substances instead specifies category 3 labels, signifying less danger.

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