Commissioner for Environment Jessika Roswall has confirmed that the European Commission is examining a complaint against France over the A69 motorway project but stopped short of committing to refer the case to the Court of Justice of the European Union. In a written answer to a parliamentary question from 11 MEPs, Roswall noted that the complaint, alleging systematic breaches of EU environmental impact assessment rules, is being processed and that the complainant has received an acknowledgement of receipt. The answer leaves open the possibility of enforcement action but offers no timeline or concrete next steps, disappointing environmental campaigners who had hoped for a swift referral.
The question, tabled by Manon Aubry (The Left), Marie Toussaint (Verts/ALE), and nine other MEPs, asked the Commission to provide a status update, refer France to the CJEU, and take all necessary steps to ensure compliance with Directive 2011/92/EU on environmental impact assessments. The complaint, filed in April 2024 by law firm Huglo Lepage, argues that France systematically grants environmental permits for major road projects without properly accounting for their climate impacts, using the A69 motorway as a key example. Roswall's answer highlights that the A69 project has already been subject to multiple court cases in France, with the main case now pending before the Council of State, the country's highest administrative court.
The Commission's response is largely procedural, reiterating its role as guardian of the Treaties and its enforcement priorities as set out in its 2017 and 2022 communications. It does not signal any imminent escalation. For the complainants and the MEPs, this represents a cautious approach that prioritises national judicial processes over EU intervention. The answer may be seen as a setback for those seeking a stronger EU role in enforcing climate-related environmental assessments, while industry stakeholders may welcome the lack of immediate legal action that could disrupt infrastructure projects. The Commission's next steps remain uncertain, but the file is now formally open and under review, with the possibility of further action if the French proceedings do not resolve the alleged breaches.