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

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

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)

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