NOVA Green Lab

🏛️ New case note alert 🏛️

Adopted by the UN General Assembly on March 29th, 2023, Resolution A/RES/77/276 formally requested the International Court of Justice to present an advisory opinion aiming to clarify the obligations of states to protect the climate system under international law.

Between the 2nd and 13th of December, 2024, the 15 judges of the ICJ heard oral statements of 96 countries and 11 regional organizations. This case note explores the main issues and arguments raised by the participants in the public hearings and the advisory opinion’s potential impact on climate litigation.

Now available in the Green Lab website!

🏭 New case note alert 🏭

The most recent Green Lab case note explores Case C-212/18, which highlights the importance of the use of proper waste treatment procedures before waste can be used as an energy source, preventing potential “greenwashing” initiatives through improper waste classification.

Now available in the Green Lab website!

🚣🏻 New case note alert 🚣🏻

The “Certain Activities Carried Out by Nicaragua in the Border” (Costa Rica v. Nicaragua) case, presented to the International Court of Justice (ICJ) concerns issues of sovereignty over a disputed territory along the San Juan River and allegations of environmental damage caused by Nicaragua. This case note explores Costa Rica v. Nicaragua’s contributions to the development of international environmental law, particularly when it comes to transboundary environmental harm.

Now available in the Green Lab website!

⚡ New case note alert ⚡

Judgement C-683/19 approaches the issue of non-discrimination of public service obligations,
under Article 3(2) of Directive 2009/72, in the context of an energy crisis caused by the covid pandemic and Russia’s invasion of Ukraine. The decision may serve as guidance to governments and stakeholders, guaranteeing coherence between public policy and EU competition rules.

Now available in the Green Lab website!

💼 New case note alert 💼

The newest Green Lab case note explores the Achmea ruling. This was a groundbreaking case in EU investment arbitration, as the Court of Justice of the EU ruled on the invalidity of the investor-state dispute settlement mechanism in intra-EU bilateral investment treaties. Consequently, Achmea affected not only bilateral investment treaties and intra-EU disputes arising out of Energy Charter Treaty, but also the future progress of investment arbitration as a whole.

Now available at the Green Lab website!

🔋New case note alert🔋

Case C-594/18 P (Austria v European Commission) led to a landmark ruling by the Court of Justice of the European Union (CJEU) that explores the complex balance between EU state aid rules, environmental principles, and competitiveness of the renewable energy sector.

This case note dives into the legal and factual background and offers a focused analysis of state aid law—particularly as it applies to ⚛️ nuclear energy projects like Hinkley Point C.

Now available in the Nova Green Lab website!

⚡ New case note alert ⚡

Regulation number 1227/2011 of the EU, better known as the Regulation on Wholesale Energy Markets Integrity and Transparency, aims to prevent market abusive behavior in the electricity and gas market, paving the way towards an European internal market in the energy sector.

In this context, the Iberdrola Generación S.A.U v. CNMC case provides fruitful insights on the practical application of the Regulation, namely in what concerns capacity withholding as market manipulation and the challenges in understanding whether such witholdment may be legitimate and justified.

Now available in the Green Lab website!

💡 New case note alert 💡

The case note analyses the Brazilian Resolution CMN 4,945 of 2021 on the ‘Social, Environmental, and Climate Responsibility Policy’, verifying how regulatory initiatives can enhance the financial sector’s contributions to sustainability while incorporating justice dimensions.

Now available at the Green Lab website!

🐥 New case note alert 🐥

A persistent tension exists between environmental protection and human activities - and the question of whether the exploitation or the conservation of natural areas should be prioritized has long been debated. As litigation before national courts increases as a form of enforcement, the EU has seen a trend of hardening protections. This case note explores the Joined Cases C-473/19 and C-474/19 Föreningen Skydda Skogen and Others v Länsstyrelsen i Västra Götalands län and Others, a notable example of the reinforcement of the Birds Directive and the Habitats Directive.

Now available in the Green Lab website!

🫁 New case note alert 🫁

This case note explores C-723/17, a landmark case brought before the European Court of Justice concerning the Directive on Ambient Air Quality and Cleaner Air for Europe. Through for the clarification of certain provisions, the decision of Craeynest offered citizens new tools to hold authorities accountable before national courts, ultimately strengthening the right to clean air.

Now available in the Nova Green Lab website!

👨🏼‍🏭 New case note alert 👩🏼‍🏭

This case note analyses the judgement of Case C-626/22, which concerns a referral by the District Court of Milan to the Court of Justice of the EU concerning the interpretation of the Industrial Emissions Directive in light of a dispute relating to Ilva Steelworks, one of the largest steel production plants in Europe, considered an “ecological monster”. Considering the impact of industrial emissions on air quality and overall human health, the present case also represents the relevant bridge between environmental protection and Human Rights protection, two increasingly intertwined fields of law.

Now available for reading in the Green Lab website!

🏭 New case note alert 🏭

The Court of Justice of the EU’s role in interpreting and implementing the Waste Framework and Renewable Energy Directives is critical in maintaining the fragile balance between environmental protection and renewable energy goals in the Union’s legal framework. Even though these instruments contribute to guide the actions of Member States, national authorities often struggle to align these objectives with domestic policies, resulting in divergences in the classification of materials. The Prato Nevoso Termo Energy Srl v Provincia di Cuneo (Case C-212/18) serves as a significant example of this occurrence.

This case note, available for reading in the Green Lab website, explores the legal framework surrounding the case, the Court’s reasoning and judgement and its implications for the broader landscape of EU environmental law.