The European Union’s top court on Wednesday upheld the
European Commission’s decision to classify natural gas and nuclear power as
sustainable investments, dismissing a legal challenge by Austria.
In 2022, the Commission controversially included both
energy sources in its taxonomy — a sustainable finance framework —
arguing that they play a transitional role in reducing carbon emissions on the
path to net zero. The move drew criticism from environmental groups and some EU
member states, who argued it risked undermining climate goals.
Austria, which has a long-standing anti-nuclear
stance, filed a lawsuit highlighting safety risks and the unresolved issue of
nuclear waste disposal. However, the Court of Justice of the European Union
(CJEU) ruled that the Commission had acted within its powers.
“The commission did not exceed its discretion and was
entitled to the view that, under certain conditions, nuclear energy and fossil
gas can contribute substantially to climate change mitigation and adaptation,”
the court said in a statement.
Austria’s climate minister, Norbert Totschnig,
described the ruling as “very regrettable,” reiterating the country’s
opposition to nuclear power. Austria has remained staunchly anti-nuclear since
a 1978 referendum blocked the launch of its only nuclear plant.
Environmental organisations have also condemned the
decision, insisting that labelling gas and nuclear as “green” undermines the
EU’s climate credibility.
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