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ACCC/C/2015/128 European Union

Case status: Findings adopted on 17.03.2021 – Non-compliance found. The Meeting of the Parties postponed the decision-making on the Findings; see Decision VI/f. 
Follow-up:
Topics: Definitions; Access to justice.
Articles alleged: 9 (3), 9 (4).
Articles considered by the Committee: 2 (2); 9 (3), 9 (4).
Articles, if any, found in non-compliance: 9 (3), 9 (4).
Summary: On 9 March 2015, non-governmental environmental organizations GLOBAL 2000 and OEKOBUERO – Alliance of the Austrian Environmental Movement submitted a communication to the Compliance Committee alleging the failure of the European Union to comply with article 9 (3) and (4) of the Convention concerning access to justice regarding the European Commission decision to approve State aid for the nuclear power plant project, Hinkley Point C.

Documents Status Date received or posted by the 
secretariat
Communication
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
From the communicant 09.03.2015
Additional information From the communicants 20.05.2015
Statement on preliminary admissibility From the United Kingdom 29.06.2015
Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response From the secretariat 05.10.2015
Email sending letter to Party concerned enclosing preliminary determination on admissibility and re-forwarding communication for its response From the secretariat 22.12.2015
Response to communication From the Party concerned 20.05.2016

Statement
Annex 1: Request for Internal review of the State Aid guidelines
Annex 2: European Commission reply to request for internal review

From observer (Friends of the Earth England, Wales & Northern Ireland) 19.07.2016
Comments in response to Party concerned's response to communication dated 20.05.2016 From the communicants 07.09.2016
Letter to the parties seeking their views on whether a hearing is needed From the secretariat 18.11.2016
Reply to secretariat's letter From the communicants 24.11.2016
Reply to secretariat's letter From the Party concerned 28.11.2016
Letters inviting Party concerned and communicants to hearing at Committee's 60th meeting From the secretariat 29.01.2018
Update From the communicant 26.02.2018
Opening Statement for the hearing at the Committee's 60th meeting From the communicant 14.03.2018
Opening Statement for the hearing at the Committee's 60th meeting From the Party concerned 15.03.2018
Questions from the Committee to the Party concerned From the secretariat 26.03.2018
Request for an extension to reply to the Committee's questions From the Party concerned 09.04.2018
Decision of the Chair of the Committee to grant an extension From the secretariat 13.04.2018
Request for extension to comment on Party's reply to Committee's questions From the communicant 03.05.2018
Decision of Chair to grant an extension to communicant From the secretariat 04.05.2018
Reply to the Committee's questions of 26.03.2018 From the Party concerned 26.06.2018
Annex to reply to Committee's questions of 26.03.2018 From the Party concerned 02.07.2018
Comments on Party concerned's reply of 26.06.2018 to Committee's questions From observer (Client Earth) 20.07.2018
Comments on Party concerned's reply of 26.06.2018 to Committee's questions From the communicant 21.07.2018
Comments on the communicant's comments of 21.07.2018 From the Party concerned 26.10.2018
Comments on the Party concerned's comments of 26 October 2018 From observer (ClientEarth) 01.02.2019
Statement From the communicants and observer (ClientEarth) 12.03.2020
Email enclosing update letter
Annex: CJEU judgment C-594/18 P 22.09.2020
From the communicant Okoburo and the observer ClientEarth 06.11.2020
Email inviting Party concerned to comment on the CJEU’s judgment in C 594/18 P Austria v. Commission From the secretariat 23.11.2020
Comments on the communicant’s and observer’s update of 06.11.2020 From the Party concerned 07.12.2020
Draft findings and letters to the Party concerned and communicants inviting their comments From the secretariat 18.01.2021
Comments on the Committee's draft findings From the Party concerned 24.02.2021
Comments on the Committee’s draft findings From observer (ClientEarth) 01.03.2021
Comments on the Committee's draft findings From the communicant (OEKOBUERO) 01.03.2021
Findings ENG FRE RUS   17.03.2021