Access to justice for state aid decisions: A legal Q&A for debunking concerns

NGOs and the public are currently barred from challenging EU Commission’s decisions on state aid that breach environmental law before the EU Courts. This contravenes the Aarhus Convention on access to justice in environmental matters. In 2021, the Aarhus Convention Compliance Committee recommended that EU law provide for a new access to justice regime, in order for the EU to comply with international law

This Q&A aims at informing stakeholders (public authorities, business and trade associations, NGOs) about what an access to justice regime for state aid decisions contravening environmental law would really entail and require, from a legal point of view

It aims at debunking myths and misconceptions about the scope and requirements of such a procedure, the delays and impact on businesses it may have, and the legal options available. It also proposes practical adjustments to the current system for mitigating risks of litigation.