European UnionA wind farm project had no EIA and it affects my property. Can I challenge the decision?
Yes, you may challenge the decision if the wind farm project was required to undergo an Environmental Impact Assessment (EIA) but did not, as EU law mandates EIA for certain projects likely to have significant environmental effects.
What the Law Says
EU law requires that certain public and private projects — including wind farms above specific thresholds — undergo an Environmental Impact Assessment before consent is granted. Failure to carry out a required EIA makes the consent unlawful and open to legal challenge by affected individuals.
The key rule is set out in Directive 2011/92/EU on environmental impact assessment (the 'EIA Directive'), which applies across all EU Member States. It requires that projects likely to have significant effects on the environment be subject to an assessment before development consent is granted.
Annex I of the Directive lists projects — such as wind farms with more than 50 turbines or installed capacity over 150 MW — that always require an EIA. Annex II lists projects — like smaller wind farms — that require screening by national authorities to determine whether an EIA is needed.
Article 11 of the Directive guarantees members of the public concerned — including property owners affected by a project — the right to challenge decisions in court, provided they meet national procedural rules on standing and timeliness.
Statutory TextMember States shall ensure that, before consent is given, an environmental impact assessment is carried out for projects listed in Annex I.
— Directive 2011/92/EU, Art. 3(1)
Statutory TextMember States shall ensure that members of the public concerned have access to a review procedure before a court of law... to challenge the substantive or procedural legality of decisions, acts or omissions.
— Directive 2011/92/EU, Art. 11(1)
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly held that failure to carry out a required EIA renders a project’s consent unlawful — and that affected individuals must have effective judicial remedies.
Austria breached EU law by approving a road project without an EIA; the CJEU ruled that national courts must be able to annul such unlawful consents, even after construction began.
Confirmed that individuals directly affected by a project — including those suffering property devaluation or health impacts — qualify as 'members of the public concerned' with standing to challenge EIA failures.
What to Do
Check whether the wind farm falls under Annex I or II of Directive 2011/92/EU — consult your national authority’s screening decision or ask for its reasoning.
Gather evidence of how the project affects your property (e.g., noise, shadow flicker, visual impact, reduced value).
File a challenge in national administrative or civil court within the deadline — often 6 weeks from the date of consent or public notice.
Argue that the competent authority failed to comply with Article 3 or Article 4 of Directive 2011/92/EU, and request annulment of the consent.
If national courts refuse effective remedy, consider referring the matter to the CJEU via a preliminary ruling request by the national court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.