Fsr Energy & Climate

In this podcast, Leigh Hancher discusses the recent non-binding opinion (http://curia.europa.eu/juris/documents.jsf?num=C-594/18%20) of Gerard Hogan, Advocate General of the European Court of Justice, with regard to a decision on state aid to the nuclear power plant Hinkley Point C in the UK. In Hogan’s opinion, EU judges should dismiss an appeal by Austria aimed at overturning the approval of UK state aid to support the construction of the nuclear plant. Hogan stated, “it is clear that the development of nuclear power is, as reflected in the Euratom Treaty, a clearly defined objective of EU law”. In 2014, after several agreed changes to the plans, the European Commission approved the UK’s plans to give state aid to support the construction of two EPR reactor units at Hinkley Point C, deeming it compatible with EU state aid guidelines and thus the internal market. At the time, it was considered by the Commission that the aid was justified as there was a “lack of market-based financial instruments and other co