Solidarity and Energy Law and Policy: a closer look at the AG ‘s Opinion on the OPAL case

The Vienna Forum on European Energy Law | Hors Série

The Vienna Forum on European Energy Law is an annual joint initiative of the FSR Energy Union Law Area and the Energy Community Secretariat which aims to bridge the gap in energy debate between the EU and Energy Community.

Solidarity in the European Union’s energy policy – not just a political guideline but a justiciable principle of EU primary law?

This is the position of the CJEU’s Advocate General who delivered his recent Opinion in Case C-848/19 P Germany v Poland concerning the OPAL natural gas pipeline. He advises the Court of Justice to uphold the General Court’s earlier ruling in Case T-883/16 Poland v Commission that energy solidarity is a principle of EU primary law which entails rights and obligations for EU institutions and for the Member States. Although the CJEU may not necessarily follow his advice, this Opinion already raises a number of interesting opportunities for discussion.

Draft Programme

Introduction     Dirk Buschle │ Energy Community Secretariat; College of Europe

Moderator     Leigh Hancher | FSR; Tilburg University; Baker Botts LLP

Setting the Scene

Kim Talus | Universities of Tulane, Eastern Finland and Helsinki

 A Critical appraisal of the AG Opionion

Dr Pawel Pikus │ Director of Electricity & Gas Department in the Ministry of Climate and Environment of the Republic of Poland

Katja Yafimava│ OIES, Oxford

Q & A

Conclusion     Leigh Hancher & Dirk Buschle

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The Future of Energy Solidarity  (FSR Energy Union Law | Opinion)