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Applicability of the EU State Aid and Environmental Rules in the Nuclear Energy Sector · Case C‑594/18 P Republic of Austria v Commission ('Hinkley Point')· Annotation by Alicja Sikora

Annotation on the Judgment of the Court of Justice (Grand Chamber) of 22 September 2020 in Case C‑594/18 P Republic of Austria v Commission

Alicja Sikora

DOI https://doi.org/10.21552/estal/2020/4/10

Keywords: Euratom Treaty, nuclear energy sector, environmental protection, common interest


In its judgment of 22 September 2020 in Case C-594/18 P Austria v Commission (the Hinkley Point judgment), the Court of Justice addressed a number of issues pertaining to the applicability of the EU State aid and environmental rules to the nuclear energy projects under the Euratom Treaty. Although it is not strictly speaking revolutionary for the State aid regime, the Hinkley Point judgment significantly contributes to the wider development of Union law. First, it brings further clarity regarding the links between the Euratom Treaty and the other Treaties on which the Union is founded. Secondly, it addresses a long-standing issue of relationship between the environmental protection and the objective of safeguarding trade and competition within the internal market, even though without bringing a clear-cut definitive answer to all related questions.

Dr Alicja Sikora, Jagiellonian University, Chair of EU Law; Associated Researcher at UCLouvain Saint-Louis Brussels CEDRE (Centre d’étude du droit de l’environnement); Legal Adviser at the Legal Service of the Council of the European Union and of the European Council; adwokat. All views expressed are author’s only. For correspondence: <mailto:alicja.1.sikora@uj.edu.pl>.

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