With its judgment of 10 September 2019, the General Court (the “Court”) annulled an earlier Commission decision to modify the exemption regime for the OPAL pipeline. The Court based its judgment on the principle of energy solidarity introduced by Article 194(1) of the Treaty on the Functioning of the European Union (“TFEU”). The ruling goes against the old adage that only small cases make great law, as the OPAL pipeline exemption has been a major bone of contention in EU energy policy for many years. Given the role and history of legal principles in the European Union (“EU”) law, the judgment may have far-reaching impact on the interpretation and application of the rules of EU energy law.
This article focus on one aspect of the OPAL case: the principle of energy solidarity. You can access the full article here.
For more on this issue, you can find our podcast with Kim Talus
For another perspective and more on the FDI screening regulation, you can find our podcast with Leonie Reins (Tilburg University) here:
