EU Law and the Financing of New Energy Infrastructure
17 Pages Posted: 7 Jul 2013 Last revised: 30 Jul 2013
Date Written: July 5, 2013
Abstract
This article examines the legal framework applicable to public funding of new energy infrastructure. It does so by observing the need for investments in the energy network and then examining whether, to what extent and how the EU competition rules apply to this activity. It also examines the legal framework for EU funding of network investments to come to the conclusion that the current framework allows for an adequate balance between the need to ensure a level playing field and the energy goals set by the EU. These energy-related goals are, however, interpreted differently depending on the funding involved. Whereas the Member States can essentially rely on network-related objectives, the EU also includes sustainability-related targets. This can in turn be explained by the fact that sustainability-related targets are still predominantly the domain of Member State policies and network investments driven by these targets are therefore more likely to primarily benefit the national industry, putting the European level playing field at risk.
Keywords: EU Energy Law, Infrastructure, Financing, State Aids
JEL Classification: K23, L43
Suggested Citation: Suggested Citation