Luxembourg:
Nitrogen News: Decision By The Council Of State On The Framework For Revoking (Irrevocable) Nature Permits And The Permit Obligation For Internal Netting
05 February 2021
NautaDutilh Avocats Luxembourg
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On 20 January 2021, the Administrative Jurisdiction Division of
the Council of State (hereinafter: the ''Council of
State'') rendered a judgment in a case concerning the revocation
of a nature permit, which we believe has or may have serious
consequences for practice. In this blog, we analyse the judgment
and the answers to the questions (i) under what conditions can an
irrevocably granted nature permit be revoked, and (ii) whether,
since the legislative amendment of 1 January 2020, there is no
(longer) a permit requirement for projects that use internal
netting. Finally, we will briefly discuss the possible consequences
for practice.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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