“…upreme Court held that Walton was consistent with European Law: see the analysis at [54] –[59]. The Supreme Court considered the decision of the CJEU in Altrip [2014] PTSR 311 (perhaps the high water mark of the proposition that the test in European law is to show that the decision would not have been different), but concluded that i…”
“…Those statements need now to be read in the light of the subsequent judgment of the CJEU in Gemeinde Altrip v Land Rheinland-Pfalz (Case C72/12) [2014] PTSR 311. That concerned a challenge to proposals for a flood retention scheme, on the grounds of irregularities in the assessment under the EIA Directive. A question a…”