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Commission launches public consultation on draft amendments to State aid rules regarding access to justice in environmental matters – Clayton & Segura

7 February 2025
Press Releases

Commission launches public consultation on draft amendments to State aid rules regarding access to justice in environmental matters

Today, the European Commission (Commission) has launched a consultation on draft amendments to the State aid Implementing Regulation (EC) No 794/2004 and the State aid Best Practices Code (BPC). These changes introduce a new review mechanism allowing the public to request a Commission review of certain State aid decisions to assess their compliance with EU environmental law. The amended BPC outlines procedural aspects such as who can request a review, which decisions are eligible, and the applicable deadlines. Additionally, the revision updates other procedural rules in line with the Commission’s practice and EU case law.

The consultation runs until 21 March 2025, and the proposals will also be discussed with Member States.

The adoption of the revised regulation and BPC is expected in Q2 2025, alongside a Commission Staff Working Document assessing its impact.

This initiative follows the 2021 findings of the Aarhus Convention Compliance Committee, which ruled that the EU violates the convention by not allowing the public to challenge State aid decisions that may breach EU environmental law.

Clayton & Segura will keep you updated on this link and can help you to prepare and submit your contribution.

For further information, see the PR.

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