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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

Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu : Tensions... 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu : Tensions Between Trade and Climate Objectives

Climate Law , Volume 6 (3-4): 264 – Oct 11, 2016

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00603004
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

Climate LawBrill

Published: Oct 11, 2016

Keywords: Renewable-energy support schemes; trade restrictions; proportionality

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