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New publication: a legal perspective on gas solidarity

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A new article has been published in the journal Energy Policy (Ruven Fleming `A legal perspective on gas solidarity` (January 2019) Volume 124 Energy Policy 102-110.

The abstract can be found below and the article is available here.


The EU introduced a new security of gas supply regulation in November 2017, which now replaced the security of gas supply regulation of 2010. This article is providing a critical assessment of the new Regulation (EU) 2017/1938. Many instruments of the predecessor Regulation (EU) 994/2010 will stay in place unchanged and those have been discussed elsewhere. This contribution will, hence, focus on the novelties and changes that Regulation (EU) 2017/1938 is bringing about.


After some introductory remarks on the structure and the aims of Regulation (EU) 2017/1938, the current article will proceed by discussing the two main novelties of Regulation (EU) 2017/1938, which shall implement the main thrust of the new regulation: imposing obligatory solidarity betwe…

Fracking in Germany? It`s complicated

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The complicated German legal framework for hydraulic fracturing could become even more splintered. After a lengthy process Germany finally put into place prohibitive legislation on hydraulic fracturing in February 2017. An initiative in the state of Schleswig Holstein now launched a legislative proposal in the parliament of Schleswig Holstein with the aim to put an additional, stricter state law on hydraulic fracturing into place. The only problem is: Schleswig Holstein is not allowed to do this.

Groundbreaking Climate Case: The Urgenda-Appeal Verdict (The Hague Court of Appeal Case No 200.178.245/01) Case Comment

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On 9 October 2018 the Hague Court of Appeals issued a ground-breaking verdict in the appeals case Urgenda Foundation v The Netherlands, that has been discussed earlier on this weblog. The court of appeals upheld the intial verdict of 2015 and rejected the appeal of the Netherlands, ordering the state to achieve a level of reduction of greenhouse gas emissions by end-2020 that is more ambitious than envisioned by the state in its current policy. The Netherlands are now obliged by the court to reduce its greenhouse gas emissions by at least 25% by the end of 2020, compared to 1990-levels.  The decision is based on the duty of care under articles 2 (the right to life) and 8 European Convention on Human Rights (ECHR) (the right to family life, which also covers the right to be protected from harmful environmental influences). From a legal theory point of view the decision raises questions about the possible interpretation of the precautionary principle.

New Publication: Regulating Power-to-Gas in the Energy Union

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A new article titled `Regulating Power-to-Gas in the Energy Union` has been published in the Journal of Oil, Gas and Energy Law (OGEL).  The abstract can be found below and the article is available here.

NAFTA turns USMCA - What`s in it for Energy and the Climate?

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The Trump administration announced the end of more than one year of negotiations on a new trilateral agreement that will revamp the 25-year old North American Free Trade Agreement (NAFTA). The United States-Mexico-Canada Agreement (USMCA) shall be officially signed in November. But what is in it for energy and the climate?

`Card Blanche´ for Germany´s Dirty Coal ?

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By the end of 2017 / beginning of 2018 a sequence of state aid decisions on capacity mechanisms made headlines. Countries like France, Poland, Italy, Belgium and Germany received approval for their respective capacity mechanisms by the European Commission. However, it now emerged that Germany gained more favorable treatment than all other Member States concerning its highly polluting lignite power plants in these decisions.

One Global Cartel of Oil-Producers? OPEC and Non-OPEC Countries About to Formalize Cooperation

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According to the news agency Reuters an agreement on a new energy treaty has been reached yesterday between  OPEC countries and other major oil producers, like Russia, who are not members of OPEC. Internal sources confirmed that a draft charter is circulating that would unite all major oil and gas producers of the world under the umbrella of one organization.