Overview

• The European Court of Justice ruled that member states may consult authorities and the public at the same time in environmental impact procedures without granting a subsequent right to comment on sectoral reports.
• The decision overturns the Tribunal Superior de Xustiza de Galicia’s requirement for pre-consultation sectoral reports and aligns with Spain’s Supreme Court verdict from December 2023.
• The judgment legally validates the Xunta de Galicia’s evaluation process for 86 wind projects, unlocking over €10 billion in potential investment.
• With the procedural barrier removed, regional authorities can resume administrative approvals even as courts shift to assessing substantive environmental impacts.
• The court’s interpretation emphasizes EU discretion in consultation timing and bolsters Spain’s efforts to accelerate renewable energy deployment