ARTICLE
5 February 2021

Nitrogen News: Decision By The Council Of State On The Framework For Revoking (Irrevocable) Nature Permits And The Permit Obligation For Internal Netting

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NautaDutilh Avocats Luxembourg

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NautaDutilh is an international law firm specialising in Luxembourg, Belgian and Dutch law. The firm was founded in 1724 and is one of the largest in the Benelux. More than 400 lawyers, notaries and tax advisers work at the firm’s offices in Luxembourg, Brussels, Amsterdam, Rotterdam, London and New York.
On 20 January 2021, the Administrative Jurisdiction Division of the Council of State (hereinafter: the ''Council of State'') rendered a judgment
Luxembourg Litigation, Mediation & Arbitration
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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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