Judgment C-683/19 Viesgo Infraestructuras Energéticas: Question of non-discrimination of public service obligations under Directive 2009/72

14 min

1.     Introduction In 2021, the discussion around energy was even more relevant due to the global energy crisis, caused by the covid-19 pandemic and Russia’s invasion of Ukraine. In these circumstances, social discounts are incredibly important to fulfill the European Union’s goal of universal access to energy. The judgment discusses the issue of non-discrimination of … Continued

Republic of Austria vs European Commission: Case C-594/18 P

12 min

Introduction State aid is an important regulatory instrument within the energy sector, guaranteeing its effective operation and long-term sustainability. The intervention in areas where market mechanisms alone are not enough, such as phasing out coal, and services of general common interest; state aid aligns the energy sector with broader European Union policy goals, promoting stability … Continued

Iberdrola Generación S.A.U. v. CNCM

10 min

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

The ECJ ruling on renewable energy incentives: balancing state discretion and investor expectations through an analysis of the case Federazione nazionale delle imprese elettrotecniche ed elettroniche (Anie) and others (C‑798/18)

13 min

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

The Blinding Effect of EU Consumer Policy Overshadows the Role of Consumer Law in Delivering the Green Transition

0 min

Abstract. The European Commission’s Communication directed to consumers regarding the Green Transition does not emphasise their shared responsibility. Instead, the Commission puts the emphasis on empowering consumers to make green choices. However, introduced and planned legislative measures simultaneously limit consumers’ freedom of choice. In prior work, these authors prove that this situation creates a problematic … 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

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

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

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

Chapter 12. Renewable support schemes and Guarantees of Origin applied to renewable energy regulation

0 min

In the Chapter 12 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, Alberto Pototschnig and Ilaria Conti address the Renewable support schemes and Guarantees of Origin applied to renewable energy regulation’. Read the Abstract below: ‘Renewable energies will continue to play a key role in decarbonising the energy … Continued

Chapter 11. Energy State Aid

0 min

Allard Knook, in the Chapter 11 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, addresses Energy State Aid considering various aspects related, namely the relevant political and legislative contexts surrounding the topic. Read the Abstract below: ‘In order to reach the ambitious goals of the Green Deal, State … Continued

Chapter 9. The Energy Tax Directive reform

1 min

Álvaro Antón addresses ‘The Energy Tax Directive reform’ on the first chapter composing Part III of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, with regards to Cross-Sectoral Issues. Read the Abstract below: ‘The use and development of advanced biofuels will be essential for the transition to a green, … Continued

Chapter 7. Sustainable biofuels and gaseous biomass fuels from biowaste in the EU transport sector

1 min

Chapter 7 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘ was written by Piero Carlo dos Reis [1], Phillip Lugmayr, and Benjamin Gomado. Within Part II of the book, it addresses ‘Sustainable biofuels and gaseous biomass fuels from biowaste in the EU transport sector’. Read the Abstract below: … Continued

Book Launch: Law in the EU Circular Energy System

2 min

Edited by Professor Lucila de Almeida, NOVA Green Lab’s coordinator and Abreu Chair in ESG Impact, and Josephine van Zeben, Professor and Chair of the LAW group at Wageningen University, this book, though extensive critical analysis, identifies multiple areas of law and policy that require further investigation to guarantee the establishment of a sound policy framework, … Continued

The Inaugural Lecture of the Abreu Chair in ESG Impact: the Environmental, Social and Governance transformations to weather the energy crisis

15 min

Today we are gathered in this beautiful auditorium of Abreu Advogados – being under the watchful and attentive gaze of the owls by Bordalo II,[1] to celebrate the inauguration of the Abreu Chair in ESG Impact, the result of a partnership between the NOVA School of Law and the Knowledge Institute powered by Abreu Advogados. … Continued