The European Commission has today adopted changes to state aid rules to enable public access to justice in environmental matters. This new review mechanism allows NGOs to request a Commission review of certain state aid decisions that may breach EU environmental law, in response to the Aarhus Convention findings.  

Additionally, other provisions have been updated in the State aid Implementing Regulation (EC) No. 794/2004 and the State aid Best Practices Code in line with the Commissions practices and the EU Court of Justices case law.

The new review mechanism

The revision includes the following conditions as specified in the Best Practices Code:

• Any NGO that meets certain criteria can submit a review request. These criteria relate to the NGOs independence, non-profit nature, and environmental experience.
• Decisions eligible for review are final state aid decisions taken under Article 108(2) TFEU. Exceptions include decisions under Article 107(2) and 107(3)(b) TFEU.
• Eligible NGOs must demonstrate that the aided activity or aspects of the approved state aid measure breach specific EU environmental laws.
• The request must be submitted within 8 weeks after the state aid decision is published. The Commission will respond within 16 weeks, extendable to 22 weeks. Requests and responses will be published on a dedicated website.
• Applicants can challenge the Commissions response before the EU Court of Justice.

The amendment to the Implementing Regulation requires Member States to confirm in the state aid notification form that neither the aided activity nor the aid measure breaches EU environmental law.

Entry into force and applicability

Eligible NGOs can submit review requests within two months of the publication of the amendments.

Next steps

The Commission will publish guidelines in the fourth quarter of 2025 on the notion of indissoluble link in state aid procedures.

Background

The amendment follows 2021 findings from the Aarhus Convention that the EU is in breach because the public cannot challenge state aid decisions that violate EU environmental law.

On 17 May 2023, the Commission adopted a communication with options to follow up on the Aarhus Convention findings.

A call for evidence was launched on 30 May 2024, followed by a targeted consultation from 1 July 2024 to 6 September 2024. From 7 February to 21 March 2025, the Commission held a public consultation.

For More Information

The revised rules are accompanied by a staff working document from the Commission assessing the scope and impact of the new procedure.