Prato Nevoso Termo Energy Srl vs ARPA Piemonte and Provincia di Cuneo: Case C-212/18

Introduction The increasing production of greenhouse gases (GHG) in the atmosphere has been linked to improper waste management and high energy consumption from non-sustainable resources[1]. The urgent need to reduce the dependence on fossil fuels and a greater consciousness of the importance of a circular economy has brought the concept of waste-to-energy to the forefront. … Continued

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

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

Achmea Case as a Turning Point in EU Investment Arbitration and Some Further Reflections

Abstract: Arbitration as an investor-state dispute settlement mechanism has been utilized for a long time. Achmea ruling has constituted a turning point in EU investment arbitration as the Court of Justice of the EU ruled on the invalidity of the investor-state dispute settlement mechanism in intra-EU bilateral investment treaties. The judgment has affected not only … Continued

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

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

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

Stricter the Better? Föreningen Skydda Skogen and Others v Länsstyrelsen i Västra Götalands län and Others

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

Craeynest and the Right to Clean Air: C-723/17

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

Ilva Steelworks and the Industrial Emissions Directive: Case C-626/22

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

Prato Nevoso Termo Energy Srl v Provincia di Cuneo

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

Renewable Energy Communities in Portugal: The (Local) Path to the (European) Energy Transition 

Abstract This essay explores the role of Renewable Energy Communities (RECs) in Portugal’s energy transition, emphasizing their potential to drive environmental sustainability and reduce energy costs. With rising global energy consumption and the push for carbon neutrality, RECs present an innovative model for decentralized, renewable energy production. The essay examines the principles underpinning RECs, including … Continued

Reflexive EU environmental law: Exploring divergence in the French and German transposition of the Single-use Plastics Directive

The recent study “Reflexive EU Environmental Law: Exploring Divergence in the French and German Transposition of the Single-Use Plastics Directive” investigates how reflexive environmental law (REL) techniques impact regulatory frameworks for plastics circularity. Using the Single-Use Plastics Directive (SUPD) as a case study, the authors compare how France and Germany have transposed the directive. The … Continued

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

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

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

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 

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

Chapter 13. The (in)coherence–(in)effectiveness nexus of the EU´s circular energy system

The 13th and last Chapter of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, addresses several topics from the transition towards a circular energy system to he (in)coherence–(in)effectiveness nexus of the EU’s circular energy system. Lucila de Almeida and Josephine van Zeben, with the title ‘The (in)coherence–(in)effectiveness nexus of the … Continued

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

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 10. EU law and policy shaping supranational and national investment in biofuel and biogas transition

In Chapter 10 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, Agnieszka Smoleńska talks about ‘EU and policy shaping supranational and national investment in biofuel and biogas transition’ [1]. Read the Abstract below: ‘The chapter analyses how European Union (EU) laws and policies shape the availability of financing … Continued

Chapter 9. The Energy Tax Directive reform

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

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

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