Commission Opens Pathway For Environmental NGOs To Challenge State Aid

The European Commission revised the Code of Best Practices for the conduct of State aid control procedures. The revised Code opens a pathway for NGOs to challenge State aid decisions on EU environmental law grounds.

To be eligible, an NGO must:

• Be an independent, non-profit legal person in accordance with a Member State's national law or practice;
• Have the primary stated objective of promoting environmental protection in the context of environmental law;
• Have been in existence for more than two years and is actively pursuing the objective of promoting environmental protection;
• Challenge a State aid subject covered by its objective and activities.

In France, where associations are very popular, there are about 60 environmental NGOs at national level, and literally thousands at local level, most of whom may qualify to challenge State aids.