The Next Chapter in the Saga of Renewable Energy Support Schemes: Still "a Certain Degree of Mystery" after Essent Belgium II

• Autores: Sirja-Leena Penttinen
• Localización: European law review, ISSN 0307-5400, Nº 1, 2018, págs. 106-119
• Idioma: inglés
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• Resumen

  • This article analyses the latest chapter in the saga of renewable energy support schemes, namely Essent Belgium (C-492/14), which was handed down by the European Court of Justice at the end of September 2016. It assesses the judgment in the light of preceding judgments such as Ålands Vindkraft and Essent Belgium (in which the claimant was the same company as in the present case) delivered in 2014, which dealt with the conformity of renewable energy support schemes with free movement of goods. As is well known, the Court�s case law on this topic has been�as emphasised by AG Bot�rather confusing, to say the least. Therefore, this case note examines whether the recently delivered judgment clarifies the current state of play in any respect. The answer seems to be that it comes down to the principle of proportionality and in particular to the design of the support schemes. In addition to discussing the judgment, the article provides some reflections on the so-called �Winter Package� proposals on renewable energy.