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ARTICLE · 01 NOVEMBER 2013

ECJ Rules That Independent Grid Management Act May Be Compatible With EU Law

De Brauw Blackstone Westbroek
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ECJ rules that Independent Grid Management Act may be compatible with EU law – but it is not over yet.

NetherlandsEnergy and Natural Resources
Anja Mutsaers
Anja Mutsaers
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ECJ rules that Independent Grid Management Act may be compatible with EU law – but it is not over yet.The European Court of Justice has issued a preliminary ruling in a case brought by the Dutch State against the energy companies Delta, Eneco and Essent.

Summary:

  • The objectives of the Independent Grid Management Act may be considered overriding reasons in the public interest and justify the restrictions that the Act places on fundamental freedoms
  • The restrictions at issue must be appropriate to the objectives pursued and not go beyond what is necessary to attain those objectives
  • It is for the Supreme Court to determine whether the restrictions are appropriate/proportionate

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