Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu: Tensions Between Trade and Climate Objectives
In: Climate LawSearch for other papers by Eirini Tsifopoulou in
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This article discusses the application of eu law by the Court of Justice of the eu to the renewable-energy promotion policies. The key question in the case law is whether national policies designed to promote locally produced renewable energy are consistent with eu law, and specifically with the principle of the free movement of goods. The article analyses the recent Ålands Vindkraft and Essent Belgium cases, focusing on the interaction and potential conflict between trade objectives and the objective of promoting renewable energy. It is argued that the Court has consistently accommodated national support policies with competing trade objectives while emphasizing the need for proportionality in restrictions on trade. The article also discusses the impact of the Court’s rulings on eu renewables policies against the backdrop of recent developments towards increased market integration of renewable energy.
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See, among others, Case C-240/83, Procureur de la République v. Association de défense des brûleurs d’huiles usagées (adbhu), ecli:eu:c:1985:59, para. 12; Case 302/86, Commission v. Denmark, ecli:eu:c:1988:421, para. 9; F. Jacobs, ‘The Role of the European Court of Justice in the Protection of the Environment’, 18 Journal of Environmental Law 2 (2006), 185–205.
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Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu: Tensions Between Trade and Climate Objectives
In: Climate LawSearch for other papers by Eirini Tsifopoulou in
Current site
Google Scholar
PubMed
This article discusses the application of eu law by the Court of Justice of the eu to the renewable-energy promotion policies. The key question in the case law is whether national policies designed to promote locally produced renewable energy are consistent with eu law, and specifically with the principle of the free movement of goods. The article analyses the recent Ålands Vindkraft and Essent Belgium cases, focusing on the interaction and potential conflict between trade objectives and the objective of promoting renewable energy. It is argued that the Court has consistently accommodated national support policies with competing trade objectives while emphasizing the need for proportionality in restrictions on trade. The article also discusses the impact of the Court’s rulings on eu renewables policies against the backdrop of recent developments towards increased market integration of renewable energy.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 802 | 92 | 7 |
| Full Text Views | 278 | 5 | 1 |
| PDF Views & Downloads | 176 | 10 | 2 |
