The European Commission has launched today a consultation inviting interested stakeholders to comment on its draft amendments to the State aid Implementing Regulation (EC) No 794/2004 ('draft Implementing Regulation') and to the State aid Best Practices Code ('amended BPC') with respect to new rules on access to justice following the Aarhus Convention Compliance Committee's findings in case ACCC/C/2015/128.
The draft Implementing Regulation and the amended BPC set out a new mechanism which allows members of the public to request a Commission review of certain State aid decisions to establish whether they contravene EU environmental law. In the amended BPC, the Commission sets out the arrangements for the internal review procedure, such as, who can request the review, which decisions can be subject to the review, and the applicable deadlines.
The Commission also takes the opportunity of this revision to update other procedural rules in accordance with the Commission's established practice and the EU Court's case law.
Interested stakeholders can respond to the consultation until 21 March 2025.