EU Court Dismisses Austria's Challenge to Nuclear and Gas in Taxonomy

The Court of Justice of the European Union (CJEU) has dismissed Austria’s legal challenge to the inclusion of nuclear and natural gas activities in the EU Taxonomy. The ruling upholds the European Commission's decision to classify these energy sources as sustainable under certain conditions.

The EU Taxonomy (Regulation 2020/852) is a key component of the European Green Deal, designed to create a classification system for environmentally sustainable economic activities. In January 2023, the Delegated Regulation 2022/1214 came into force, expanding the list of eligible activities to include those related to nuclear and natural gas. This was a highly debated move, with several member states, led by Austria, voicing strong opposition.

Austria argued that including these energy sources would undermine the Taxonomy's credibility and its core objective of promoting a transition to renewable energy. However, the CJEU's decision confirms that the European Commission acted within its legal authority. The ruling solidifies the status of nuclear and natural gas as "transitional activities," which are deemed necessary to help the EU reach its climate goals while moving away from more polluting fossil fuels.

For Poland, this decision is particularly important, as the country has consistently argued that both nuclear energy and natural gas are essential for a stable and secure energy transition.

Sources:

1) https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-09/cp250113en.pdf

2) https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022TJ0625