Subsidies for green electricity permitted to restrict trade between EU member states — CJEU
By Adam Brown
It is normal for member states to make support for renewable generation available only to generators based in their own territory. Until recently, it was generally assumed that this was entirely consistent with EU law. Article 3(3) of the EU Renewables Directive (2009/28/EC) states that member states ‘shall have the right to decide… to which extent they support energy from renewable sources that is produced in a different member state’.
However, a case referred to the Court of Justice of the European Union (CJEU) by the Swedish courts called this into question. Ålands Vindkraft, the operator of a wind farm in the Åland Islands, applied to participate in the Swedish ‘green certificate’ scheme. Although connected to the Swedish grid, the project was in Finnish territory, and its application was refused on that ground, pursuant to the relevant Swedish law.
As well as the question whether that law was in line with the directive, the resulting appeal to the Swedish courts raised a more fundamental issue. Are schemes that restrict the availability of subsidy to home-grown renewables, and the provisions of the directive that ostensibly permit such restrictions, consistent with the EU treaties’ rules on the free movement of goods? …
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Dentons
News from The Lawyer
Briefings from Dentons
Saudi Arabia Update 2015: shop opening hours law proposal; expansion of court system in Riyadh; and more
Dentons has released the January 2015 edition of its Saudi Arabia Update.
The House of Commons debate on the Infrastructure Bill did not result in the introduction of the explicit moratorium on further attempts to develop a UK shale gas industry.
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all