ACCC finds public can challenge state aid rules which breach environmental law

Article summary

The Aarhus Convention Compliance Committee (ACCC) has published its findings and recommendations in relation to the alleged failure of the European Union to comply with articles 9(3) and (4) of the Convention on Access to Information Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), concerning access to justice in state aid decisions and, in particular, for the approval of state aid for Hinkley Point C—a nuclear power plant project. The ACCC has concluded that the EU breached both articles of the convention by failing to provide access to administrative or judicial procedures for members of the public to challenge decisions on state aid measures and by failing to provide any procedure under article 9(3) of the Convention through which members of the public are able to challenge decisions on state aid measures which breach EU environmental law.