|Author (Corporate)||Cardiff EDC|
|Content Type||Blog, News, Overview|
Information Guide concerning Case T-9/19 from the Court of Justice of the European Union (CJEU) on a request for an internal review in the context of environmental law.
The construction of a biomass power generation plan in Galicia - known as the Curtis project - was among the successful projects in a tender procedure for renewable energy projects organised by Spain in 2016. The promoter of the Curtis project contacted the services of the European Investment Bank (EIB) to engage in discussions about the possibility of obtaining EIB financing.
The EIB Board of Directors adopted a resolution in April 2018 approving the financing proposal of a maximum amount of €60 million. In August 2018, the non-governmental organisation (NGO) ClientEarth submitted a request for internal review of that EIB resolution, in accordance with Regulation (EC) No 1367/2006 (also known as Aarhus Regulation) and Commission Decision 2008/50/EC. In October 2018, the EIB informed ClientEarth that it was refusing the request for an internal review of the resolution, on the basis that it considered the request inadmissible as it did not related to an act amenable to in internal review in the framework of the Aarhus Regulation.
As a result, ClientEarth brought an action before the CJEU's General Court in February 2019 against the EIB's decision. On 27 January 2021, the General Court decided that the EIB must accept the request for an internal review. The Court therefore annulled the decision that declared inadmissible the request for review of the resolution of the EIB's Board of Directors.
|Subject Categories||Environment, Law|
|Subject Tags||Civil Society | NGOs, EU Law|
|Keywords||Decision-Making | Policy-Making
|Countries / Regions||Spain|
|International Organisations||European Investment Bank [EIB], European Union [EU]|