Environmental Protection Meets Security of Electricity Supply

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.