RE: REASONS11 Dec 2018 14:03
IIRC, the first time round (in 2016) for the IPPC (i.e. building of plant) was a procedural reason, as a result of a complain from a (now former) NGO, and this went all the way up to a Slovenian court ruling.
- But this was a clear misapplication of the law so it should have been awarded.
Rather than spending more money in court, I believe that Ascent decided to carry on doing what it could legally until it became profitable, while re-applying formally for the IPPC permit in parallel.
Since then, no formal decision was issued, just requests for more info (even more than the earlier application).
I don't know when the need for the well re-stimulation permit first came about, but I don't think it was ever refused either, and now it's kind of lumped in with the IPPC permit application.
Ascent's CJ EU court case, in my amateur's opinion, can therefore be at least based on the misapplication of the law all the way back to 2016 and how this could amount to unequal treatment for a foreign-owned business.