“Warning”: Austria files lawsuit against nuclear power plants



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Great Britain can support the construction of the nuclear power plant with state aid. Environment Minister Leonore Gewessler said the verdict
the Supreme Court of the EU is not “good news”. Not even with regard to the Hungarian Paks 2 nuclear power plant.

The Court of Justice of the European Union (ECJ) finally dismissed on Tuesday the Austrian claim (C-594/18 P) against state aid for the planned British nuclear power plant Hinkley Point C. “The Court of Justice confirms the decision with which the Commission has approved British aid in favor of the Hinkley Point C nuclear power plant, “the ECJ announced on Tuesday morning. Austria filed an action against this decision in 2015.

State aid for the construction of a new nuclear power plant is compatible with the European internal market, said the ECJ.

The Court of Justice accepted the objections that state aid to an industry could not be declared compatible with the internal market if it was found to violate the environmental provisions of EU law. “The legal error made by the court in this regard did not ultimately affect the operative part of the appealed judgment, because the principle of environmental protection, the precautionary principle, the polluter pays principle and the principle of sustainability, in which Austria relies on the basis of its appeal for annulment in any case, does not exclude the granting of State aid for the construction or operation of a nuclear power plant. .

He already failed with a lawsuit in 2018

Already in 2018, Austria was dismissed in the first instance with its claim against state aid for the Hinkley Point C nuclear power plant at the ECJ. Austria immediately appealed against the judgment because some points of the Austrian argument were not addressed in the judgment. Austria was supported in the process by Luxembourg, while the EU Commission was supported by Great Britain, the Czech Republic, France, Hungary, Poland, Romania and Slovakia.

The EU Commission approved state aid in October 2014. Among other things, it is a guaranteed one.
Compensation payment to the operator of the nuclear power plant if the plant is closed prematurely for political reasons. Britain had promised operators a guaranteed high feed rate for 35 years.

From Austria’s point of view, alternative forms of energy are eligible, but not nuclear. Furthermore, criticism was expressed about the distortion of competition. Britain has argued, among other things, that investments are necessary to be able to meet the country’s electricity needs for decades to come.

Environment Minister Leonore Gewessler (Greens) sees the ECJ ruling as a “sobering result.” The Supreme Court of the EU had rejected an action for annulment from Austria and thus gave the green light to state aid for the nuclear power plant. This is “a mistake in Europe, against which we will take a decisive position,” Gewessler announced to reporters on Tuesday.

After an “outdated Euratom Treaty” was the basis for the decision, Austria had to do everything possible to reform
urgency uratom. Gewessler is now seeking allies to convene a “Conference of the Parties” of member states for a fundamental reform of the treaty. A majority is sufficient for the convocation, according to Gewessler, who admitted, however, that the substantive decisions must be taken unanimously. Gewessler has commissioned European law and state aid expert Dörte Fouquet to analyze what changes are proposed to the Euratom Treaty.

“This is not good news”

Today’s ruling from the ECJ “is not good news” for Austria’s efforts to avoid subsidies for other nuclear power plants. Austria, for example, filed a lawsuit against aid to the Hungarian Paks 2 nuclear power plant; this procedure has been suspended until today’s sentence. The Paks 2 ruling is likely also based on the Hinkley Point ruling, the minister said.

Around the world, “for good reason,” much more money is invested in renewable energy sources than in nuclear power plants, according to Gewessler. That even applies to China. “Our work for a nuclear-free Europe continues. Nuclear energy is and will continue to be a high risk, obsolete, slow and expensive technology ”.

Hinkley Point C

The French state-controlled electricity company EDF wants to build the nuclear power plant near Bristol on the south-west coast of England with the participation of a Chinese company. EPR-type pressurized water reactors will be built. The power plant is scheduled to come online in 2023 and operate for 60 years. However, commissioning could be postponed. But also because of the high cost.
the project is not without controversy.

(THAN)

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