The European Commission has validly found that certain economic activities linked to nuclear energy and fossil gas can, under certain conditions, make a substantial contribution to mitigating and adapting to climate change, the General Court of the European Union ruled on Wednesday 10 September (Case T-625/22 - see EUROPE 13039/24).
Austria is challenging the validity of the delegated regulation (2022/1214) establishing criteria for determining whether certain activities in the nuclear and fossil gas sectors make a substantial contribution to climate change mitigation (see EUROPE 12987/1). This regulation complements the EU Taxonomy Regulation (2020/852), which establishes a framework for directing financial flows towards sustainable activities in order to achieve a climate-neutral Union by 2050 (see EUROPE 12850/13).
In its judgment, the General Court dismissed the Austrian action, considering that the Commission had not exceeded its powers. In its view, the latter could validly consider that nuclear power generation is close to zero greenhouse gas emissions and that there are currently not enough low-carbon alternatives that are technologically and economically feasible, such as renewable energy sources, to cover energy demand continuously and reliably.
With regard to nuclear power, the European Court of Justice is of the opinion that the Commission took account of the risks associated with the normal operation of power stations and radioactive waste and that it was not obliged to demand a stricter level of protection. Nor was the EU institution obliged to take into account uranium ore extraction and enrichment activities, armed conflicts, sabotage and the risks of abuse and proliferation of civil and military applications.
With regard to fossil gas, the Court endorses the approach that economic activities linked to fossil gas can, under certain conditions, make a substantial contribution to climate change mitigation and adaptation. Regulation 2022/1214 sets out a gradual approach based on reducing greenhouse gas emissions in stages, while ensuring security of supply.
See the EU General Court judgment: https://aeur.eu/f/id6 (Original version in French by Mathieu Bion)