Taxonomy: Austrian appeal against nuclear and fossil gas power rejected by the CJEU

The ruling of the Court of Justice of the European Union, published on 10 September 2025, rejects an appeal lodged by Austria against the inclusion of nuclear and fossil gas activities in the taxonomy of sustainable investments.

'The expert assessments and public consultations conducted for the adoption of Delegated Regulation 2021/2139 included activities in the nuclear energy sector. As the nuclear sector's activities had already undergone an impact assessment and public consultation, the European Commission could reasonably rely on the expert evaluations conducted for the adoption of Delegated Regulation 2021/2139', according to the CJEU.

' An economic activity for which there is no technologically and economically feasible low-carbon alternative is regarded as making a substantial contribution to mitigating climate change if that activity has greenhouse gas emission levels corresponding to the best performance in the sector or industry, does not hinder the development and deployment of low-carbon alternatives, and does not lead to entrenchment in high-carbon assets.
Consequently…