EU’s General Court Dismisses Action by MEP Against the Commission’s Inclusion of Nuclear Energy and Natural Gas in the EU Taxonomy

August 1, 2023

On June 21, 2023, the General Court of the European Union rejected an action brought by a Member of the European Parliament (MEP) seeking to annul European Commission legislation that identified certain activities related to nuclear power and natural gas as environmentally sustainable economic activities. In bringing the action, MEP René Repasi claimed that the Commission exceeded the powers conferred upon it when it adopted the Delegated Regulation 2022/1214, which establishes the criteria upon which certain economic activities can be deemed transitional activities contributing to the EU’s climate-change mitigation objectives. The General Court ruled the action was inadmissible on the basis that Repasi had no legal standing or direct concern over the adoption of the Delegated Regulation.

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