Tag Archive for 'CJEU'

Essent Belgium Case: CJEU Rules in Favour of Flemish Green Energy Certificate Scheme

In a further important decision, the Court of Justice of the European Union (CJEU) declared a system of green certificates established in the Flemish Region of Belgium compatible with EU law. Under this system, electricity suppliers had to surrender to the regulatory authority each year a certain number of green certificates, failing which they had to pay a fine. CJEU did however set requirements for the market of green certificates and with regard to the fines payable in case of not surrendering green certificates.

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Ålands Vindkraft: Swedish Green Electricity Certificate System Complies With European Free Movement of Goods Rules

In a landmark case, the Court of Justice of the European Union (CJEU) today ruled against Ålands Vindkraft and decided that the Swedish certificate system to promote renewables is in line with the European free movement of goods rules. CJEU deviated from an opinion given by the Court’s Advocate General Yves Bot on 28 January 2014. The decision means that the European Renewables Directive does not have to be revised because of non-compliance with the free movement of goods principle from the Treaty on the Functioning of the European Union (TFEU). If the Court had decided otherwise, this would also have called the EU law compliance of the current German EEG 2.0 revision into question. 

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BVerwG Strengthens Rights of Environmental Protection Organisations

Following a recent ruling by the Court of Justice of the European Union (CJEU), the Federal Administrative Court in Leipzig (BVerwG) strengthened the rights of environmental protection organisations before German courts. As a consequence, the Higher Administrative Court of Kassel (VGH Kassel) will have to review additional matters raised by BUND (Friends of the Earth)  against the permit for a power plant in the Frankfurt/Höchst industrial park.

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BGH Requests CJEU Preliminary Ruling With Regard to Electricity Price Adjustment Clause

The Federal Court of Justice (Bundesgerichtshof – BGH) recently decided to request a preliminary ruling by the Court of Justice of the European Union (CJEU) concerning the legality of an electricity price adjustment clause (ref. no. VIII ZR 211/10). In May the BGH had already requested a preliminary ruling regarding a gas price adjustment clause in a similar case (ref. no.VIII ZR 71/10).

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CJEU Strengthens Rights of Environmental Organisations in German Courts

The Court of Justice of the European Union (CJEU) handed down an important ruling in the Trianel Lünen power plant case. The decision deals with rights of environmental protection organisations to contest decisions that are likely to have significant effects on the environment. The CJEU held that in the Trianel Lünen case the right to contest the permit applied for European law reasons, even where national procedural laws otherwise would not permit this.

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