Introduction Regulation nº 1227/2011 (EU), better known as the Regulation on Wholesale Energy Markets Integrity and Transparency (REMIT), aims to prevent market abusive behavior in the electricity and gas market. This regulation comes as part of the effort to create an European internal market in the energy sector, which in turn requires a framework to … Continued
Introduction Biodiversity has always been an important topic in the field of environmental protection. The diversity is vital for keeping the ecosystem in balance and humans to gain natural resources.[1] It is also closely linked to climate change. The loss of both affects each other negatively, while their preservation can be mutually reinforcing.[2] For example, … Continued
Introduction According to the European Environment Agency, air pollution is currently the most important environmental health risk factor in Europe causing in particular respiratory and cardiovascular diseases as well as premature deaths.[1] Even though the Directive on ambient air quality and cleaner air for Europe (hereafter: Air Quality Directive) tries to take on these issues, … Continued
Introduction The present case note analysis the judgment Case C‑626/22, a preliminary ruling referred by the District Court of Milan, to the Court of Justice of the European Union (CJEU), through three questions for interpretation of the Industrial Emissions Directive (integrated pollution and prevention control) (Directive 2010/75)[1], in light of the original dispute concerning the … Continued
I. Introduction The Court of Justice of the European Union (CJEU) involvement in the interpretation and implementation of Directives 2008/98/EC (Waste Framework Directive) and 2009/28/EC (Renewable Energy Directive) is critical for balancing environmental protection and renewable energy goals in the EU legal framework. These directives are critical in guiding Member States toward a circular economy … Continued
I. Introduction As environmental problems become more prominent, the conservation and management of marine living organisms, such as whales, become an increasingly hot debate internationally. The Whaling in the Antarctic case[1] showcases the tensions that arise for the jurisprudence of international law concerning environmental protection and state sovereignty. The significance of this case is broad, … Continued
Introduction Can governments change renewable energy incentives after investors have committed? This question is central to Cases C-798/18 and C-799/18, where the ECJ ruled that while Member States have discretion to modify support schemes, such changes must align with EU law and maintain a balance between regulatory flexibility and investor confidence. This is not the … Continued
Introduction The Ecuadorian Constitutional Court’s Los Cedros ruling, widely regarded as one of the most significant environmental cases of the twenty-first century, exemplifies a global trend towards the protection of the rights of nature. Indeed, Los Cedros is one of the most solid and promising legal cases among the 493 (as of 1 January 2024) … Continued
The present case concerns the compatibility of Article 3(2) of Directive 2009/72, particularly the provision on public service obligations consisting of supplying electricity at a reduced rate to vulnerable consumers and Spanish national law 24/2013. The latter lays down a methodology for allocating the costs of a reduced rate tariff applied to vulnerable consumers to … Continued
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
Introduction This case is a dispute referring to the liability of a contractor in charge of the design and construction for wind turbine structures of two wind farms in Scotland. These structures collapsed, and the contractor identified the source of failure. The contractor proposed remedial actions, and both parties agreed to implement them. However, a … Continued
Introdução O conflito sub judice que dá origem ao presente acórdão da segunda secção do Tribunal de Justiça da União Europeia[1] (doravante TJUE) tem como ponto de partida um reenvio prejudicial a pedido de um tribunal dinamarquês que questionava a aplicação do Artigo 6(3) da Diretiva 92/43/EC. Estava em causa uma exploração piscícola pertencente à … Continued
The enforceability of climate change targets on states is a particularly pressing topic right now. Despite virtually all states agreeing and signing various global cooperation pacts and passing national legislation regarding them, it is a very heated legal conversation, especially given the urgent nature of the issue, whether individuals can hold their states accountable when … Continued
Introduction The CJEU has a consistent engagement with Article 6 of the Council Directive 93/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora[1] (the Habitats Directive), as amended, highlighting its enduring importance in preserving Europe’s biodiversity. There are challenges faced by national authorities in enforcing the directive, … Continued
Introduction: factual and legal background The case concerns a dispute between G, a small-medium enterprise (SME thereon), and the electricity supplier W, located in Poland. On 23 February 2015, the parties concluded an electricity supply agreement at the retail level with a fixed price and an expiration date in December 2016. The parties also agreed … Continued
Introduction This paper delves into the principle of energy solidarity and the decision of the General Court that brought this principle to the European Union’s energy policy. By examining Article 194 of the Treaty on the Functioning of the European Union (‘TFEU’), the discussion highlights how energy solidarity has become an essential pillar for ensuring … Continued
Imagine the following situations: a consumer enters a supermarket and purchases drinking water for a selling price of 1 EUR, including value-added tax (VAT). Separately, there is a note that the drinking water is sold in returnable bottles, and the consumer must pay an additional amount of 0,25 EUR as a deposit for the bottle. … Continued