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Austria loses its legal challenge against EU 'green gas' and nuclear rules

Austria lost its legal challenge to the European Union's rules classifying nuclear energy and gas as climate-friendly investment on Wednesday. Europe's second highest court sided in favor of the EU.

Austrian government challenged the decision of the European Commission to include nuclear and gas in the EU "taxonomy", which is a list of investments in Europe that can be labeled and marketed.

The court agreed with Brussels in a ruling that said the EU Commission was "right to believe that certain economic activities within the nuclear energy sector and the fossil gas sector can, under certain circumstances, contribute significantly to climate change adaptation and mitigation."

Gas and nuclear were included in the EU taxonomy for 2022, which exposed deep rifts among countries about what energy sources they should use to achieve climate change goals.

Spain and Denmark, among others, had said that it was not credible for gas, which is a fossil fuel emitting CO2, to be labelled as climate-friendly. Poland and Bulgaria are among the countries that have sought to support investments in gas as a way to get rid of more polluting coal.

Austria's legal case, filed to the EU general court, argued that Brussels should annul rules because nuclear energy can't meet the requirement of "doing no significant harm" to environment due to concerns about radioactive wastage.

Austrians are generally against nuclear power, and the country never built an atomic reactor. (Reporting and editing by Charlotte Van Campenhout, Charlotte Abnett)

(source: Reuters)