Renewable energy: the State must issue a decree, says the Council of State

On Tuesday, November 5, the Council of State ruled in favor of a consultancy firm specializing in wind and photovoltaic projects, which criticized the State for its "refusal" to concretely accelerate the development of renewable energies.

"The implicit decision by which the Prime Minister refused to take the regulatory measures provided for by Article L. 515-45 of the Environmental Code is annulled," the Council of State stated in its decision published on Tuesday.

In October 2022, Eolise, an engineering company based in Poitiers, sent a request to the government, then led by Elisabeth Borne, listing regulatory measures deemed necessary in particular to speed up project authorization procedures, which are currently slow and complex.

In February 2023, Eolise filed an appeal asking the Council of State to "cancel the implicit refusal of the request" and to order the State to take "all useful measures" to develop renewable energies, the lawyer for the consultancy firm, David Deharbe, of the Green Law Avocats firm, explained to AFP.

In its decision on Wednesday, the Council of State wrote that "the Prime Minister is ordered to take the regulatory measures provided for by Article L. 515-45 of the Environmental Code within six months of notification of this decision."

The State must also pay "a sum of 1.000 euros to the company Eolise", he adds.

The decree provided for by article 515-45 of the environmental code, "which appears necessary for the application of the law, has still not been taken, well beyond a reasonable period for doing so", estimated the public rapporteur of the Council of State at the end of September.

Illustrative image of the article via Depositphotos.com.