Legal action against EU decision on nuclear power and gas

Parliament and the Commission decided in July to give nuclear power and gas the “green” label. Vienna now wants to take legal action before the European Court of Justice.

The Federal Minister for Climate Protection, Environment, Energy, Mobility, Innovation and Technology, Leonore Gewessler, at the press conference on October 10 in Vienna.

Imago/Michael Indra

(dpa) Austria has filed a lawsuit with the European Court of Justice (ECJ) against the possible classification of nuclear power and gas as climate-friendly. This was announced by Climate Protection Minister Leonore Gewessler (Greens) on Monday in Vienna. In principle, she supports the so-called taxonomy of the European Union, with which sustainable forms of energy are classified. “But what I’m fighting back with all my might is the attempt to wash nuclear power and gas green through a back door (…),” she said.

A decision was made last year to classify electricity production with solar panels, hydroelectric power or wind power as climate-friendly. From January 2023, certain gas and nuclear power plants should also be able to be classified as climate-friendly. Inclusion in the taxonomy is intended to help businesses and citizens identify and invest in sustainable projects.

Nuclear power with risks

The Austrian lawsuit against the European Commission is based on substantive and legal arguments. According to the EU taxonomy, a sustainable form of energy should not lead to serious environmental problems, Gewessler said. But that is the case with nuclear power. “It is associated with incalculable risks,” she said, referring to the nuclear disasters at Chernobyl and Fukushima, as well as concerns about the Russian-occupied Zaporizhia nuclear power plant in Ukraine. Austria does not operate any nuclear power plants.

The burning of natural gas releases huge amounts of CO2, Gewessler argued further. In addition, the EU Commission has exceeded its powers. The Commission is not entitled to make this far-reaching political decision on nuclear power.

In the evening, the government in Luxembourg announced that it would support Austria in the lawsuit. Specifically, it said that Luxembourg would submit an application for intervention. After this is approved, Luxembourg can bring in its arguments against the so-called taxonomy in the process.

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