Change in Conditions of Renewable Support Schemes Agreements does not Violate the Principle of Protection of Legitimate Expectations of Investors: Judgment in Case C-148/23 GSE v Erg Eolica Ginestra Srl and Others

4 min

Factual and Legal Background This preliminary reference concerns a dispute between the GSE, the Italian public company that manages inventive mechanisms for promoting renewable sources, and twenty-one energy company owners of renewable power plants, which had benefitted from the green certificate scheme until 2011. Following the transposition of Directive 2009/28/EC (thereon, the RED I) on … Continued

Mandatory Purchase of Green Certificates on Importers from Italian Renewable Energy Producers as Compatible with EU Law: RED II, State Aid and Freedoms. Judgment in Case C-558/22 Fallimento Esperia and GSE

6 min

Introduction In the Judgment in Case C-558/22 Fallimento Esperia and GSE on 7 March 2024, the Court of Justice revisited the landmark cases Essent Belgium (Judgment of 29 September 2016, C‑492/14, EU:C:2016:732, and Judgement 11 September 2014, C-204/12, EU:C:2014:2192) concerning the compatibility of national laws imposing support schemes favoring national renewable energy production. Particularly in this case, … Continued

EU Contract Case Law, July–December 2023 

0 min

The article EU Contract Case Law, July–December 2023, published on the European Review of Contract Law offers a comprehensive review of key cases adjudicated by the Court of Justice of the European Union pertaining to contract law. It focuses on the period spanning from July 2023 to December 2023. Among the 220 judgments rendered during … Continued

The Norwegian Supreme Court rules on its first “climate case”: an analysis of People v. Arctic Oil and possible future developments at the European Court of Human Rights

13 min

In 2020, the Norwegian Supreme Court ruled on its first legal case regarding the climate, failing to address the full extent of the situation and ending up complying with the modus operandi and status quo of politics surrounding petroleum deposits exploration. However, the Court also set out an important precedent by making statements that have the potential to affect … Continued