Publications

Publications are our scientific research output accepted for publication after passing through a recognized peer-review process.

Case Note
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
Lucila de Almeida

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 Law Energy Law EU Law
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
Lucila de Almeida

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

Academic Article Environmental Law
Refining Reflexive Environmental Law by Nature and Nurture: Autonomy, Accountability, and Adjustability 
Violet Ross
Lucila de Almeida

Reflexive environmental law (REL) facilitates exploration of how legal frameworks foster the capacity for private companies to engage in reflexivity. This reflexivity aids in avoiding entrenchment and promotes learning and self-organization to tackle intricate sustainability issues. To date, REL theory has overlooked conventional command-and-control regulations within the realm of REL, constraining its ability to comprehend … Continued

Academic Article Case Law EU Law
EU Contract Case Law, July–December 2023 
Fabrizio Esposito
Lucila de Almeida

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

Case Note Energy Law Peer-review
Case T-883/16 Republic of Poland v. European Commission: the principle of energy solidarity
Eduardo Cerqueira

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

Case Law Energy Law Peer-review
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
Carolina Simon

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

Energy Essay Peer-review
Analysis of the ECJ Decision (C-17/03) on VEMW and Others
Rodrigo Cunha

Introduction In 2000, the undertakings Vereniging voor Energie, Milieu en Water (hereinafter referred to as ‘VEMW’),Amsterdam Power Exchange Spotmarket BV and Eneco NV lodged an appeal, with the College van Beroep voor het bedrijsleven, the Administrative Court for Trade and Industry in the Netherlands or ‘the College’, against a controversial decision made by the Directeur … Continued

Academic Article Environmental Law Peer-review
Consumers and the green transition between saying and doing: promising consumer empowerment while restricting consumers´choices is dangerous 
Lucila de Almeida
Fabrizio Esposito

On the 19th December, our Coordinator, Professor Lucila de Almeida, along with Professor Fabrizio Esposito published an engaging article on the Yearbook of European Law, entitled “Consumers and the green transition between saying and doing: promising consumer empowerment while restricting consumers’ choices is dangerous”. The article is available online and the abstract can be read … Continued

Book Chapter Circular Economy EU Law
Chapter 13. The (in)coherence–(in)effectiveness nexus of the EU´s circular energy system
Lucila de Almeida
Josephine van Zeben

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

Book Chapter Energy Law EU Law
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

Book Chapter Energy Law
Chapter 11. Energy State Aid

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

Book Chapter EU Law Waste
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

Book Chapter Energy Law EU Law
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

Book Chapter Circular Economy
Chapter 8. Methane emission in a circular economy

In Chapter 8 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, Maria Olczak and Andris Piebalgs discuss the ‘Methane emission in a circular economy‘, this being the last chapter of Part II. Read the Abstract below: ‘This chapter provides an overview of the European Unions (EU) framework on … Continued

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

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 Chapter Energy Waste
Chapter 6. From gas to biogas from biowaste: heating, power generation, and cogeneration

Chapter 6 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, introduces Part II of the published work, inaugurating the theme of ‘The Use of Biofuel and Biogas in the Circular Energy System’. This chapter, written by Maciej M Sokołowski, is entitled ‘From gas to biogas from biowaste: heating, power … Continued

Book Chapter Energy Waste
Chapter 5. Forestry waste to biofuel and biogas: law and policy

The 5th and final Chapter of Part I of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, is entitled ‘Forestry waste to biofuel and biogas: law and policy‘ and was produced by environmental law researcher, Elisa Cavallin. ‘Bioenergy is believed to have a role in meeting the international and … Continued

Book Chapter Waste
Chapter 4. Food waste to biogas and biofuel: law and policy

In Chapter 4 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, the theme of ‘Food waste to biogas and biofuel: law and policy‘ is addressed by Madhura Rao, Aalt Bast, and Alie de Boer. Read the Abstract below: ‘Waste and surplus from various stages of the food supply … Continued

Book Chapter Circular Economy Waste
Chapter 3. Agricultural waste to biofuel and biogas: law and policy

In Chapter 3 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘, three scholars, Mirta Alessandrini, Edwin Alblas, and Lin Batten tackle the topic of ‘Agricultural waste to biofuel and biogas: law and policy‘. Read the Abstract below: ‘The use of arable land for the production of biofuels and … Continued

Book Chapter Energy Waste
Chapter 2. Waste in the Circular Flow Energy System.

In Chapter 2 of the edited book ‘Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas‘ we delve into Part I of this published piece. The topics from Chapter 2 to Chapter 5, are all included in the broader framework that Part I embodies: ‘From waste to Biofuels and Biogas‘. Geert van Calster … Continued

Book Chapter Edited Book
Chapter 1. The EU Circular Energy System and the Green Deal
Lucila de Almeida
Josephine van Zeben

In chapter 1 of the edited book ¨Law in the EU’s Circular Energy System: Biofuel, Biowaste and Biogas¨, Lucila de Almeida and Josephine van Zeben introduce and contextualize the book project by setting the scene of the regulatory framework of the EU´s circular energy system to channel the production of biogas (biomethane) and biofuel into … Continued

Edited Book Energy Energy Law
Book Launch: Law in the EU Circular Energy System
Lucila de Almeida
Josephine van Zeben

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

Academic Article
Energy policy ideas for the next European Commission: from targets to investments
Lucila de Almeida

BY: Leonardo Meeus, Ilaria Conti, Lucila de Almeida, Jean-Michel Glachant, Leigh Hancher,MÜNCHMEYER Max, Andris Piebalgs, Alberto Pototschnig Energy (and climate) will be high on the agenda of the next European Commission. EU citizens and industry expect a supply of energy that is affordable, secure, and sustainable. The National Energy and Climate Plans suggest that there … Continued

Essay
Voluntary Carbon Markets: Necessity of Regulation and Legislation Proposals
Luís Prata e Castro de Sena Esteves

1. Introduction:  Voluntary Carbon Markets (VCM) are markets where there is the possibility of trading carbon credits in which projects that contribute to reducing or absorbing greenhouse gases (GHG) sell those credits to companies looking to offset their emissions after pressure from stakeholders to act and reach net neutrality in 2050. It is mainly a … Continued

Essay
A Legal Analysis of the Revised Environmental Crime Directive: Strengthening Enforcement and Accountability in EU Environmental Law
Raquel Marta

I. Introduction Owing to its growing prevalence and detrimental effects, the prevention and combat of environmental crime is crucial. Ranked as the fourth-largest criminal activity in value globally [1], environmental crime boasts estimated annual revenues ranging from US$91 billion to US$258 billion in 2016 [1]. Alone, the illicit waste market within the EU generated an … Continued

Essay
Do the Portuguese Territorial Just Transition Plans comply with the Just Transition Regulation?
Sara Belo de Oliveira

INTRODUCTION In December 2022, all twelve of the Portuguese 2030 Programmes were approved by the Commission. This included a total of 224 million euros from the Just Transition Fund (JTF)[1] divided amongst three Territorial Just Transition Plans (TJTPs), for Matosinhos, Médio Tejo and Alentejo Litoral, included in the Programmes for the North, Center and Alentejo … Continued

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

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

Academic Article
Stress Testing the European Green Deal: the ´securitisation´ of Energy, Food and Climate
Josephine van Zeben
Lucila de Almeida

Josephine van Zeben, Lucila de Almeida, and Mirta Alessandrini. ‘Stress Testing the European Green Deal’. Weekend EU Law Live Edition 106 (2 July 2022).

Academic Article
When indicators fail electricity policies: pitfalls of the EU´s retail energy market Barrier Index
Lucila de Almeida
Fabrizio Esposito
Josephine van Zeben

Lucila de Almeida, Fabrizio Esposito, and Josephine van Zeben. ‘When Indicators Fail Electricity Policies: Pitfalls of the EU’s Retail Energy Market Barrier Index’. Energy Policy 165 (1 June 2022). https://doi.org/10.1016/j.enpol.2022.112892. Abstract: An important goal of EU energy policy is to ensure energy justice during the green transition. The Commission considers the functioning and competitiveness of the retail energy market … Continued

Edited Book
NOVA Green Lab Yearbook 2021
Tiago Melo Cartaxo

A presente obra pretende ser um contributo regular para a investigação e desenvolvimento no Direito em matérias de ambiente, sustentabilidade, urbanismo, energia e alterações climáticas. O Anuário do NOVA Green Lab reflete o trabalho desenvolvido pelos membros da comunidade académica e aberto a importantes contributos da parte das profissões jurídicas, bem como de toda a … Continued