/ Publications / Single interconnectors and congestion management challenges - the legal framework?
Energy Union Law | Working Paper
Single interconnectors and congestion management challenges - the legal framework?
10 November 2020
Authors: RUMPF, Julius; HANCHER, Leigh
This article explores the impact of an important ruling from the ECJ in Baltic Cable AB v Energimarknadsinspektionen on 11 March 2020 in which that court narrowly avoids giving the referring Swedish court a green light to interpret a key provision of the EU internal energy market legislation contra legem. Invoking instead the principle of non-discrimination, the ECJ relies on a classic remedy to recognise that a company owning and operating an electricity interconnector should be entitled to earn a reasonable profit. Although the interconnection of energy networks is an objective enshrined in Article 194(1) TFEU, the realisation of this objective has spawned a dense and highly technical web of regulation. This article explains the Court’s reasoning and its potential legal as well as economic impact in this complex and evolving regulatory space. We explain that while valuable progress has been made on technical harmonisation, classic fundamental principles of EU law, such as the non-discrimination principle, remain pivotal for resolving modern and central issues of electricity market integration.
Electrification has moved from a sectoral aspiration to the backbone of the European Union’s decarbonisation strategy, because it alone enables a sustainable break with imported fossil fuels. Yet as this [...]
The energy consumers are entering a new era of digitalisation in the energy market, and as a result, gaining access to innovative offers and services that were before non-existent to [...]
The literature on a ‘just transition’ has grown exponentially over the last decade. The success of the just transition scholarship is due to the earlier endorsement and dissemination of a [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
We use cookies to help personalise content and provide a better experience. By clicking Accept all, you agree to this, as outlined in our Cookie Policy. To change preferences or withdraw consent, please update your Cookie Preferences.