From Aarhus to Frankfurt (Through Luxembourg): the Relevance of Clientearth v EIB for the European Central Bank

Abstract

The article examines the judgments of the Court of Justice’s Second and Third Chambers in the case ClientEarth v EIB , in which it considered, for the first time, the applicability of the Aarhus Convention in the context of a financial institution. After providing a brief account of the Court’s reasoning, the article outlines the broader implications of the case for future internal review requests and climate litigation before the Court of Justice. Building on this analysis, it considers how the Court’s interpretative line may extend to other EU institutions, in particular the European Central Bank. The judgment notably points to the need for enhanced transparency regarding the evidence underpinning policies and measures with an environmental impact. It further invites closer reflection on the central role of robust climate-related data.