ClientEarth wins first-ever NGO challenge against the European Investment Bank

The Court of Justice of the EU ruled on 6 July 2023 that the European Investment Bank (EIB) must allow NGOs to request internal reviews of financing decisions that contravene environmental law. This case originated from a EUR 60 million loan for a biomass plant in Spain. While the ruling establishes the EIB's accountability under the Aarhus Regulation, the author notes that Art. 271(c) TFEU may limit the Court's ability to indirectly review the merits of the EIB's board decisions, potentially creating a different standard of review compared to other EU institutions.

• On 6 July 2023, the Court of Justice ruled that NGOs have the right to request that the European Investment Bank review financing decisions that violate environmental laws and can appeal to the Court of Justice if the Bank refuses to do so.
• The court determined that the EIB Board of Directors' decision to approve a loan is a challengeable act under the Aarhus Regulation because it is adopted under environmental law and has external and legally binding effects.
• The ruling clarifies that internal review requests can be based on contraventions of regulatory acts of general application, including the EIB's climate strategy and its Statement on Environmental and Social Principles and Standards.
• The Court found that Art. 271(c) TFEU does not prevent jurisdiction over the admissibility of internal review requests, but it does prevent the Court from indirectly reviewing the merits of an EIB Board of Directors' decision.

APA

Bechtel, S. (2023). ClientEarth wins first-ever NGO challenge against the European Investment Bank. ClientEarth. https://www.clientearth.org/latest/legal-actions/see-latest-legal-work/clientearth-wins-first-ever-ngo-challenge-against-the-european-investment-bank/

Chicago

Bechtel, Sebastian. ClientEarth wins first-ever NGO challenge against the European Investment Bank. ClientEarth, 2023. https://www.clientearth.org/latest/legal-actions/see-latest-legal-work/clientearth-wins-first-ever-ngo-challenge-against-the-european-investment-bank/.

Wikipedia

{{cite report |last1=Bechtel |first1=Sebastian |title=ClientEarth wins first-ever NGO challenge against the European Investment Bank |publisher=ClientEarth |date=31 July 2023 |url=https://www.clientearth.org/latest/legal-actions/see-latest-legal-work/clientearth-wins-first-ever-ngo-challenge-against-the-european-investment-bank/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{bechtel2023clientearth, author = {Bechtel, Sebastian}, title = {{ClientEarth wins first-ever NGO challenge against the European Investment Bank}}, institution = {ClientEarth}, year = {2023}, month = jul, url = {https://www.clientearth.org/latest/legal-actions/see-latest-legal-work/clientearth-wins-first-ever-ngo-challenge-against-the-european-investment-bank/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }