INCREASING ASSERTIVENESS OF EU COURTS IN THE ENERGY SECTOR

There have been a large number of energy sector disputes within the EU recently. For example, on September 16, 2021, the fiftieth investment treaty claim was filed with the International Centre for Settlement of Investment Disputes regarding Spain’s renewable energy reforms. In recent years, there has also been an observable trend of courts within the EU—both at the EU and individual Member State levels—becoming increasingly assertive in adjudicating energy-related matters. These decisions track alongside the EU’s expanding legislative impetus, seen in new areas such as the hydrogen regulations.

A special thanks to Yvonne Addai for her valuable contribution to this publication.

Read “Increasing Assertiveness of EU Courts in the Energy Sector.”