Serbian environmental group Marš sa Drine, along with its partner organisations, has filed a lawsuit against the European Commission in the Court of Justice of the European Union. Earlier they requested an internal review, challenging the decision to grant strategic status to the Jadar lithium mining project in Serbia, but the EU executive body rejected it.
In June 2025, the European Commission declared Jadar a strategic project under the Critical Raw Materials Act (CRMA).
Subsequently, in August, Romanian organisation Centrul Independent pentru Dezvoltarea Resurselor de Mediu (CIDRM) and Germany-based Green Legal Impact submitted a request to the European Commission for an internal review of the decision to grant the lithium mining project this status.
It is a procedure for organisations to demand from the European Commission to review its decisions over potential noncompliance with EU environmental law. So far, 16 requests have been submitted, challenging the strategic status of 18 projects. Two of them are for endeavors outside the EU: Jadar in Serbia and the planned Nussir mine in Norway.
Organisations from non-EU countries cannot submit such requests directly, but in cooperation with ones registered in the EU, as Marš sa Drine did in this case.
The commission responded early this year. It concluded that the request was partly inadmissible and, in any event, unfounded.
Marš sa Drine said it would challenge the decision in court.
Novaković: Europe must not replace the old model of resource colonialism with its supposedly greener version
The organisations are asking the court to examine how a strategic project status is granted and whether transparency, environmental protection and the public interest carry any weight when mining projects are politically favoured, particularly in countries that are not members of the European Union, the Serbian group explained.
“As the global race for critical raw materials intensifies and access to mineral resources is increasingly framed as a matter of strategic interest, Europe must not replace the old model of resource colonialism with its supposedly ‘greener’ version while undermining the rule of law, environmental protection and democratic accountability in the process. If Europe wants to lead the green transition, it cannot pursue the same extractive policies as in the past,” said Bojana Novaković of Marš sa Drine.
Process outcome could affect future projects
Marš sa Drine stressed that the ruling would be relevant to all projects considered under the Critical Raw Materials Act. According to the organisation, a victory in the case would confirm that environmental and legal standards cannot be circumvented by invoking the law.
On the other hand, a defeat would demonstrate how the act is being used in practice to weaken environmental protection, the group said.
The case concerns every mining project imposed on local communities despite their opposition, even when scientific evidence has already demonstrated serious environmental and social consequences, according to the press release.
Marš sa Drine said the commission failed to adequately explain why it had rejected the arguments presented. It added that the institution has accepted the artificial fragmentation of the project, disregarded previous regulatory violations and relied on the positions of national institutions and the investor without sufficient critical scrutiny.
The commission acknowledged that the allegations of human rights violations were relevant but then rendered them meaningless by claiming that strategic project status had no actual consequences, the statement reads. Marš sa Drine also argued that the executive body of the 27-member bloc acted contrary to the principles of the Aarhus Convention by relying on documents that it had not made available to the public.
Lindemann: European Commission relied on weak legal reasoning that cannot withstand judicial scrutiny
The organisation also considers it problematic that strategic status was granted to a project that has effectively been suspended and whose legal status remains uncertain.
“By rejecting our request for internal review, the European Commission relied on weak legal reasoning that cannot withstand judicial scrutiny. We are launching these proceedings to expose the legal superficiality and lack of transparency behind the European Commission’s decision, demonstrate that the future cannot be green only for the privileged, and secure the annulment of the decision granting strategic project status,” said Henrike Lindemann of Green Legal Impact.
Legal dispute over lithium mine in Portugal
This is not the first court case of its kind. In February, ClientEarth and the Portuguese association Unidos em Defesa de Covas do Barroso brought action against the European Commission over the strategic status granted to the Mina do Barroso lithium mining project in Portugal.
The commission has previously rejected a request for internal review in that case as well. The organisations claimed it has failed to conduct an adequate assessment of the project’s environmental and social risks.
