ECJ Advocate General puts future of Europe’s coal power plants in doubt

Advocate-general Juliane Kokott stated that environmental permits for three Dutch coal-fired power plants might have been given unlawfully by the Dutch government because the country is exceeding agreed pollution limits. The advice could halt construction of three new coal-fired power plants there depending on whether it is accepted by the ECJ. A decision is expected in early 2011.

If the ECJ ratifies the advice, it will set a precedent for all EU countries. It could halt plans for industrial plants still requiring permits in countries at, or near thresholds for certain pollutants produced by power stations or other major industrial polluters [1]. France, Austria, Belgium, France, Germany, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain and the United Kingdom are expected to exceed pollution ceilings set by Brussels.

Greenpeace Netherlands started the legal action along with the Dutch Society for Nature and Environment and individual local opponents.

Greenpeace EU climate and energy policy manager Joris den Blanken said: "Coal is a strongly polluting fossil fuel and a disaster for air quality, the health of Europeans and our climate. We need power and industrial goods, but not at the expense of our health when there are plenty of alternatives at hand. We are delighted the advocate general has been strict in her advice to uphold the law on this point."

Other contacts:

Marjolein Buijssen, press officer Greenpeace Netherlands, +31 (0)625 031 015
Rolf Schipper, climate & energy campaigner Greenpeace Netherlands+31 (0)629 001 156

Notes:

Notes to editors:
[1] The National Emission Ceilings Directive sets upper limits for each European member state for the total emissions in 2011 of four pollutants responsible for acidification, eutrophication and ground-level ozone pollution: sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia.