“…ly used (see, for example, the judgment of the CJEU in Brussels Hoofdstedelijk Gewest v Vlaams Gewest (The Brussels Airport Co. NV intervening) (Case C-275/09) [2011] Env. L.R. 26, at paragraph 29; the judgment of Lord Sumption in R. (on the application of Buckinghamshire County Council) v Secretary of State for Transport [2014] UKSC 3;[…”
“…he words that are used (see the judgment of the CJEU in Brussels Hoofstedwlijk Gewest v Vlaams Gewest (The Brussels Airport Co. NV intervening) (Case C-275/09) [2011] Env. L.R. 26, at paragraph 29, and the judgment ofLord Neuberger of Abbotsbury and Lord Mancein Buckinghamshire County Council, at paragraphs 170 and 171). One should assum…”
“…ernment and the Regions (Case C-201/02) [2004] Env. L.R. 27, at paragraphs 51 to 53, and 62, and Brussels Hoofdstedelijk Gewest v Vlaams Gewest (Case C-275/09) [2011] Env. L.R. 26, at paragraph 33). That is the argument on issue (2). And thirdly, Mr Willers submitted, the Secretary of State’s approach was inconsistent in that he had take…”