Posts

New EU Gas Package Proposal - A Legal Analysis

Image
  Today the European Commission presented its proposals for a new gas package, called the ` Hydrogen and Decarbonized Gas Markets´-package. The package consists of a revised Gas Directive (COM(2021) 803 final) (hereafter: rGD), a revised Gas Regulation (COM(2021) 804 final) (hereafter: rGR) and a Regulation on the Reduction of Methane Emissions in the Energy Sector (COM(2021) 805 final) (hereafter: MER). Today`s proposal are only the beginning of a longer legislative process, as the package needs to be discussed with and resolved by the Council and the European Parliament. However, it is crucial in setting the tone and the main pillars. Can the package deliver on hydrogen regulation, decarbonization and gas security of supply? This blog post takes a look and provides a legal analysis of the proposed revisions.

Nord Stream 2 Decision by German Energy Regulator Postponed

Image
The German National Regulatory Authority for Energy (Bundesnetzagentur) has today suspended its long awaited decision on the procedure to certify Nord Stream 2 AG as an independent transmission operator. Following a thorough examination of the documentation, the Bundesnetzagentur concluded that it would only be possible to certify an operator of the Nord Stream 2 pipeline if that operator was organised in a legal form under German law.

The EU`s Toolbox for Action and Support - Tackling Rising Energy Prices?

Image
    On 13 October 2021 the European Commission realesed a Communication to the European Parliament , in which it proposes measures to tackle the currently soaring energy prices in Europe. The toolbox includes 2 types of measures: some are directed towards the Member States and proposes a set of measures for Member States to pick and choose. A second set of measures is directed towards the EU itself. But will this help to alleviate the currently unfolding energy price crisis? This blogpost analyzes the main tools in this box and assesses them in view of their effectiveness.

Adieu `Mutti´: Germany`s next government? - An Energy and Climate Analysis

Image
On 26 September 2021 general elections in Germany concluded with a tricky result. Negotations to form a coalition government are complicated. But the aims of which parties overlap the most when it comes to  energy and climate? This blog entry analysis party positions on energy and climate of the 4 most likely German parties in Germany, tipped to play a role in coalition negotiations, namely CDU/CSU, SPD, Grüne and FDP.

Independence of German National Regulatory Authority (NRA) called into Question - Case Comment C-718/18 Commission v Germany

Image
The Court of Justice of the European Union found on 2 September 2021 in case C-718/18 that Germany failed to properly transpose various provisions of the main EU Energy Directives of the Third Energy Package, namely 2009/72 (electricity) and 2009/73 (gas). Especially the allocation of responsibilities in German energy law ( Energiewirtschaftsgesetz EnWG ) is not in line with the envisaged responsibilities reserved exclusively for national regulatory authorities. In other words: the court found that there is too much possibility for political influence on decisions on network-bound energy in Germany. But what does this mean in detail? Will German Energy Law now have to undergo fundamental revision?

Summer Break

Image
The energy and climate law blog is on summer break. Enjoy the sun and recharge batteries! The blog returns with new analyses on energy and climate law in Autumn. Many thanks for your support and have a good summer time!

New Publication: Sustainable Energy Democracy and the Law

Image
Together with colleagues Kaisa Huhta and Leonie Reins, i had the honour of editing the first book project of the International Association of Energy Law. Our book tries to clarify what energy democracy means in legal terms and what influences of the concept are for energy and environmental law. The book has recently been published with Brill .