Climate Change and Renewable Energy as a Super Trump for EU Trade Law. However All Essent Clear
G. VAN CALSTER, ‘Climate change and renewable energy as a super trump for EU trade law. All Essent clear’, Renewable energy law and policy review, 2014, 1, p.60-66
Posted: 25 Sep 2014 Last revised: 16 Oct 2014
Date Written: September 22, 2014
Essent, Joined Cases C-204/12 to C-208/12, in conjunction with Case C-573/12 Ålands Vindkraft, completes the promotion of climate change governance as a super trump in the application of European Union trade law. The cycle arguably started with Outokompu Oy, followed by PreussenElektra. In contrast with Ålands Vindkraft, however, judgment in Essent does clearly instruct the referring judge to review outstanding issues. These focus in particular on the open market aspects of the regional scheme at issue. Moreover, the Court of Justice has not unequivocally held on key aspects of the general application of exceptions to free movement issues.
Keywords: EU, EU law, Energy, Renewable Energy, Essent, Trade law
JEL Classification: K23, K32
Suggested Citation: Suggested Citation