The ‘Aarhus Action for Annulment’ or ‘Climate Change Litigation beyond Plaumann?’

Abstract

This article focuses on the so-called ‘Aarhus Action for Annulment’, which was introduced by the Aarhus Regulation in 2006 and revised in 2021. It raises the question of whether this mechanism truly offers a ‘Plaumann-free alternative’ to the traditional annulment route provided for under Art. 263(4) TFEU. In exploring this possibility, the article focuses on the relevance of the ‘Aarhus Action for Annulment’ in the context of climate policy. More precisely, it aims to assess whether it can be a meaningful avenue for climate litigants. A brief overview over the revised request for internal review procedure will set the stage, followed by an examination of key findings of recent requests submitted to the European Commission and cases brought before the CJEU under the amended framework. The article highlights how the different actors that can bring such an action, the types of EU acts encompassing climate policy and the CJEU’s scope of judicial review collectively shape the possibilities and limitations of this legal pathway.