Reinicio de actividades y evaluación ambiental. comentario al asunto c-411/17, stjue (gran sala) de 29 de julio de 2019

Abstract

This comment analyses the judgment of the European Court of Justice in case regarding the authorization granted to two nuclear power stations. The Court considers the application of the environmental impact assessment Directive (2011/92) in the case of the adoption of legislative acts and also of the Habitats Directive. The Court concludes that the authorization related to a project as defined in the former Directive and that their effects should have been assessed in the legislative procedure. Likewise, the Court held that the rules on environmental assessment under the habitats Directive were also applicable. Within the context of this Directive, the Court held the only ground capable of constituting a public security ground for the purposes of that directive that would justify proceeding with the project was the need to nullify a genuine and serious threat of rupture of that Member State¿s electricity supply.

Keywords

• environmental impact assessment
• nuclear power stations
• project adopted by legislative act