Supreme Administrative Court: Dukovany zoning decision to be reviewed in Prague, not Ostrava

The Prague Municipal Court, rather than the Regional Court in Ostrava as advocated by the Děti Země association, will review the zoning decision for a new nuclear power source in Dukovany. The Supreme Administrative Court (NSS) dismissed the association’s cassation complaint this week, ČTK learned from the official notice board. Although a specialised court panel is based in Ostrava, the case will be heard by the Prague court, whose jurisdiction includes the Ministry of Industry and Trade.

The ministry issued the decision on the location of the construction, the establishment of protective zones and permission to fell trees in 2023. Minister Lukáš Vlček (STAN) dismissed appeals against it in February this year.

Under current legislation, a similar construction project would be decided on by the Transport and Energy Construction Authority, with any lawsuits then assigned to the specialised panel in Ostrava. However, since the zoning proceedings began while the previous legislation was still in force, the court with territorial jurisdiction is determined by the location of the original building authority—in this case, the Ministry of Industry.

“Ongoing zoning proceedings remained under the jurisdiction of the building authorities that were handling them before the 2021 Building Act came into force,” the NSS said.

The Transport and Energy Construction Authority was established only with effect from 1 January 2024.

Děti Země also failed to persuade the court with its argument that, given its specialisation, the Ostrava panel would probably rule on the lawsuits more quickly. In addition to the environmental activists, a lawsuit was also filed by ESHG, which owns land near the power plant.

The zoning decision covers not only the new nuclear power source but also other related structures, including the connection to the transmission grid, stormwater drainage and a connection to the water supply from the Mohelno Reservoir. ČEZ, which is responsible for the project, has already obtained a favourable environmental impact assessment opinion, a permit to site the nuclear facility from the State Office for Nuclear Safety, and authorisation to build the nuclear power plant from the Ministry of Industry.

South Korea’s KHNP won the contract to build the plant in Dukovany. The first unit at Dukovany is expected to be completed in 2036. At current prices, the cost of the currently preferred option of building two reactors at Dukovany is 407 billion crowns.