Incompatibility of the Financial Compensation of Reduced Electricity Price for Vulnerable Consumers with the Criterion of Non-discrimination of Public Service Obligations: Judgment in Case C-683/19 Viesgo Infraestructuras Energéticas

4 min

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

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

Design and Liability Challenges in Offshore Wind Farms: the case of MT Højgaard A/S v E. ON Climate & Renewables UK Robin Rigg East Limited and another.

10 min

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

Análise Do Processo C-278/21 Da Segunda Secção Do Tribunal De Justiça Da União Europeia (AquaPri)

14 min

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

Justiciability of Climate Change Legislation: Case Study of KlimaSeniorinnen v. Switzerland

21 min

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

AquaPri (2023): Conservation of natural habitats and of wild fauna and flora (Natura 2000) and activity of fish farming

15 min

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

May national courts assess the proportionality of the termination penalty fees of contracts between energy suppliers and SMEs? For the CJEU, the answer is yes. Case C-371/22 G Frais de résiliation anticipée

3 min

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

Case T-883/16 Republic of Poland v. European Commission: the principle of energy solidarity

18 min

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

Op-Ed EU Law Live: Selling price and returnable packaging: in between (un)solved conflicts and incoherencies (C-543/21 Verband Sozialer Wettbewerb)

0 min

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