Press release
Commission's access to justice reform bridges the gap between State aid decisions and environmental justice
12 May 2025
ClientEarth welcomes the European Commission’s adoption of new rules to improve access to justice in state aid matters – a necessary and long-overdue step to align EU law with the Aarhus Convention.
The reform introduces an internal review procedure for environmental NGOs and a clearer path to judicial review, important tools to hold the Commission accountable for ensuring that state aid decisions comply with environmental law. Until today, the public could not challenge a state aid decision – allowing the EU Member States to grant public funding to companies even when the beneficiaries or the state aid itself breach environmental law. This was a serious gap in the EU’s rule of law system.
Juliette Delarue, Senior Lawyer at ClientEarth commented:
“This is a significant step for access to justice rights and a recognition that state aid decisions must comply with environmental law. State aid is crucial for the transition to a clean, safe and circular economy – and complying with environmental law is a basic requirement. The Commission has improved how it checks environmental laws and Member States should support that. But when violations happen, they must be reviewed by EU courts.”
ClientEarth commends the creation of a structured review process, but highlights that concerns remain around the burden of proof placed on NGOs.
“We must ensure that environmental defenders are not set up to fail by unrealistic evidentiary burdens or procedural obstacles," concluded Delarue. "The Commission has taken a step forward and it must now ensure the system works in practice."
ClientEarth will monitor the implementation closely and continue to push for stronger protections for public access to environmental justice.
ENDS
Notes to editors
ClientEarth has asked for more access to justice at EU level for over a decade.
The reform gives environmental NGOs the right to ask the EU Commission to review a final state aid decision if it breaks EU environmental laws. This doesn't apply to decisions where the Commission chose not to raise objections. NGOs must submit their request within 8 weeks of the decision being published. The Commission then has up to 22 weeks to respond. The country giving the state aid can comment on the request. If the Commission refuses to review the case, the NGO can take the matter to the EU Court of Justice within 2 months and 10 days. This process will start two months after it’s published in the EU’s Official Journal. In a supporting document, the Commission estimates that between 12 and 25 decisions per year may fall under the scope of this new procedure.
The reform of the EU’s access to justice rules was legally necessary following recommendations of the Aarhus Convention Compliance Committee, the UN body in charge of interpreting the Aarhus Convention on access to information, public participation and access to justice in environmental matters. Following a communication filed by two Austrian NGOs (Ökobüro and GLOBAL 2000) in 2015 and with ClientEarth’s support as an observer from 2017, the Compliance Committee found in March 2021 that the EU breached Article 9(3) of the Aarhus Convention for not enabling environmental NGOs and citizens to challenge state aid decisions contravening environmental law.
At the Meeting of the Parties to the Aarhus Convention on 17-21 November 2025, the EU is expected to endorse the findings and recommendations of the Compliance Committee (which it previously postponed).
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.