The court in Luxembourg has ruled that nuclear power and gas retain their status as sustainable energy sources. Austria sought to overturn the EU Commission’s decision with a lawsuit, but lost. Now the only option left is to go to the European Union’s highest court. (ntv: 10.09.25)
Court rejects Austria’s proposal
The Austrian government clearly opposed the EU taxonomy. This classification system is intended to provide guidance to investors and promote sustainable investments. Vienna criticized the sudden green labeling of gas and nuclear power. The government called it greenwashing and found support among environmental organizations. They also filed a lawsuit, but were unsuccessful.
The judges essentially followed the EU Commission’s arguments. According to them, nuclear power and gas imports can contribute to reducing CO₂. This means that Austria’s criticism remains legally ineffective.
Reasoning of the Court
The Luxembourg judges made it clear that nuclear power operates with almost no greenhouse gas emissions. At the same time, there are currently no alternatives that can reliably meet Europe’s energy needs. Therefore, they classified the technology as sustainable within the EU taxonomy.
Gas imports were also given a special role. According to the court, they can replace coal-fired power plants, which are significantly more harmful to the climate. Despite its fossil origin, gas thus remains a transitional instrument for the EU.
EU taxonomy as a seal of quality
The classification system serves as a guide for investors. Capital should flow specifically into sustainable projects. However, Austria criticizes the fact that greenwashing is encouraged when nuclear power and gas imports are considered sustainable. Investors could thus invest their money in technologies that do not represent a long-term solution.
The EU Commission considers the EU taxonomy a “step-by-step approach.” The Court confirmed this view, stating that the system is intended to gradually reduce emissions while simultaneously securing supplies.
Political Dimension and Consequences
The dispute demonstrates the divergence of positions in Europe. France relies heavily on nuclear power, while Eastern European countries see gas imports as a bridge to a clean future. Austria, on the other hand, is sticking to its lawsuit against greenwashing and is considering taking the matter to the Supreme Court.
For critics, the risk remains that capital will flow into technologies that do not make a long-term contribution to climate protection. Nevertheless, the ruling strengthens confidence in the EU taxonomy and confirms the Commission’s position.