Fear of the Dark? The CJEU adds electricity shortage to the reasons justifying an ex post regularization of projects without an EIA: Case C-411/17 Inter-Environnement Wallonie and Bond Beter Leefmilieu Vlaanderen, EU:C:2019:622
| Author | Daan Bijnens,Theodoros G. Iliopoulos |
| Date | 01 February 2020 |
| DOI | 10.1177/1023263X19898645 |
| Published date | 01 February 2020 |
| Subject Matter | Case note |
Case note
Fear of the Dark? The CJEU
adds electricity shortage to the
reasons justifying an ex post
regularization of projects
without an EIA
Case C-411/17 Inter-Environnement Wallonie and Bond Beter
Leefmilieu Vlaanderen, EU:C:2019:622
Theodoros G. Iliopoulos* and Daan Bijnens**
Abstract
In July 2019, the CJEU delivered its judgment on the case C-411/17 Inter-Environnement Wallonie
and Bond Beter Leefmilieu Vlaanderen. The case relates to the protracted debate on the production
and use of nuclear energy in Belgium, which at present culminated with the legislative extension of
the operation of two nuclear power stations. The CJEU ruled that the extension should have only
been granted after an assessment on the stations’ impact on the environment had been carried out
and, thus, the national measures were in breach of EU law. However, it is here argued that the
judgment does not settle the dispute: it only initiates its second phase. Accordingly, this contri-
bution focuses on the judgment’s expected implications for EU law and for the national consti-
tutional order.
Keywords
Constitutional law, Directive 2011/92, EIA, energy law, European Law
* Theodoros G. Iliopoulos is adoctoral researcher in Energy and Environmental Law at the Centre for Government and
Law (CORe), Faculty of Law, Hasselt University, Hasselt, Belgium
** Daan Bijnens is a doctoral researcher in Constitutional Law at the Centre for Government and Law (CORe), Faculty of
Law, Hasselt University, Hasselt, Belgium
Corresponding author:
Daan Bijnens, Centre for Government and Law (CORe), Faculty of Law, Hasselt University, Martelarenlaan 42, 3500
Hasselt, Belgium.
E-mail: daan.bijnens@uhasselt.be
Maastricht Journal of European and
Comparative Law
2020, Vol. 27(1) 120–129
ªThe Author(s) 2020
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DOI: 10.1177/1023263X19898645
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