Energy Union Law | Article
One for all and all for one? : the general court ruling in the OPAL case
31 March 2020

Authors: BUSCHLE, Dirk; TALUS, Kim

With its judgment of 10 September 2019, the General Court (the “Court”) annulled an earlier 2 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 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 will focus on one aspect of the OPAL case: the principle of energy solidarity.
logo cadmus Read it on Cadmus

LATEST FSR PUBLICATIONS

Working Paper
This article provides a fresh, interdisciplinary perspective on the European Union’s electricity market design (EMD) reform. In policy as well as in law, much of the literature on the EMD [...]
Technical Report
Interconnectors with third countries are currently outside the scope of the Electricity Directive and of the Electricity Regulation. Therefore, the provisions contained in these acts regarding third-party access and tariffs, [...]
Contribution to book
The electrification of final energy uses is one of the key ingredients for any roadmap to a low-carbon energy system. In the EU, the European Commission has confirmed the relevance [...]

Join our community

To meet, discuss and learn in the channel that suits you best.

scroll

top