HAVET & VANHUFFEL – Association d’avocats
The Court of Justice of the European Free Trade Association (EFTA Court) held in a judgment of 21 May 2025 (Case E-18/24) that greenhouse gas emissions emitted by the combustion of oil and natural gas extracted as part of a project for which a permit is sought and then sold to third parties for consumption constitute “effects” of that project within the meaning of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, and must therefore be assessed.
This was a preliminary ruling by the Borgarting Court of Appeal (Norway) in a dispute between the Norwegian State and Greenpeace Nordic and Nature et al. concerning the need to take into account downstream emissions, namely emissions from petroleum products produced under the permit, in an impact assessment of an oil project.
To view the decision, follow this link: http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://eftacourt.int/wp-content/uploads/2025/05/18_24_Judgment_EN.pdf?x86057