Cross Border Infrastructure Projects: The EU Exemption Regime

18 Pages Posted: 27 Jan 2011

See all articles by Leigh Hancher

Leigh Hancher

Tilburg Law School; Tilburg Law and Economics Center (TILEC)

Date Written: January 27, 2011


This paper examines the challenges to creating sufficient cross border infrastructure to realise the European Union’s ambitions for the creation of a genuine and low carbon European energy market. In particular the relevant regulatory framework for cross border infrastructure has developed in a piecemeal fashion and many projects have in fact benefitted from an exemption procedure from important pillars of the EU energy market, including the requirements of third party access on a regulated basis. The paper reviews and critically assesses the exemption procedures for these co-called ‘merchant projects’under the current and future legislation.

Keywords: European energy law; gas, electricity, infrastructure, cross border, projects, ACER, unbundling, EU regulation

JEL Classification: K 20, K23, L43, L5, L94, L95

Suggested Citation

Hancher, Leigh, Cross Border Infrastructure Projects: The EU Exemption Regime (January 27, 2011). TILEC Discussion Paper No. 2011-006, Tilburg Law School Research Paper No. 10/2011, Available at SSRN: or

Leigh Hancher (Contact Author)

Tilburg Law School

Tilburg, 5000 LE

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE

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