Environmental Protection Meets Security of Electricity Supply

Abstract

Abstract This case comment explores the relationship between two intertwined objectives – ensuring security of electricity supply and environmental protection – in the context of the judgment of the Court of Justice of the European Union in Inter-Environnement Wallonie ASBL and Bond Beter Leefmilieu Vlaanderen ASBL v. Conseil des ministres. The analysis focuses on the application of the Environmental Impact Assessment Directive and the Habitats Directive to the facts of the case, which concerns the extension by a ten-year period of the operation of two Belgian nuclear power stations (Doel 1 and Doel 2) as part of a national energy policy strategy to ensure the security of Belgium's electricity supply. The case comment also considers the legal and practical implications that arise as a result of employing the ‘security of electricity supply’ exemption to enable derogation from the requirements of the aforementioned Directives in circumstances where a Member State considers the security of its electricity supply to be under threat.