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CJEU upholds national support schemes for renewable energy

CJEU upholds national support schemes for renewable energy
07/07/2014

On 1 July 2014, the day that the Belgian regional regulators (VREG, BRUGEL and CWaPE) gained competence over distribution grid tariffs, the Court of Justice of the European Union (“CJEU”) refrained from burdening them with the consequences of a drastically changed support scheme for renewable energy. In its ruling in case C-573/12, the CJEU found that renewable energy support schemes that award green certificates only to electricity producers located within the territory of the concerning Member State, while excluding electricity producers located in other Member States, is in principle no prohibited import restriction as meant by Art. 34 of the Treaty on the Functioning of the European Union (“TFEU”).

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