The Temelín-Judgement of the European Court of Justice

On 27 October 2009, the European Court of Justice (ECJ) rendered its milestone decision in the so called ÈEZ case which deals with the operation of the Temelín nuclear power plant in the Czech Republic. The nuclear power plant in Temelín has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of parliament and European Union institutions. For the outside world it is difficult to understand that antinuclear politics is part of the Austrian identity. Against the background of this tense relationship, the case was brought before the ECJ, whose judgement shall be analysed in this paper.