Today the European Commission presented its proposals for a new gas package, called the `Hydrogen and Decarbonized Gas Markets´-package. The package consists of a revised Gas Directive (COM(2021) 803 final) (hereafter: rGD), a revised Gas Regulation (COM(2021) 804 final) (hereafter: rGR) and a Regulation on the Reduction of Methane Emissions in the Energy Sector (COM(2021) 805 final) (hereafter: MER). Today`s proposal are only the beginning of a longer legislative process, as the package needs to be discussed with and resolved by the Council and the European Parliament. However, it is ..read more

The German National Regulatory Authority for Energy (Bundesnetzagentur) has today suspended its long awaited decision on the procedure to certify Nord Stream 2 AG as an independent transmission operator. Following a thorough examination of the documentation, the Bundesnetzagentur concluded that it would only be possible to certify an operator of the Nord Stream 2 pipeline if that operator was organised in a legal form under German law.  Nord Stream 2 AG, which is based in Zug (Switzerland), has decided not to transform its existing legal form but instead to found a subsidiary under Germa ..read more

    On 13 October 2021 the European Commission realesed a Communication to the European Parliament, in which it proposes measures to tackle the currently soaring energy prices in Europe. The toolbox includes 2 types of measures: some are directed towards the Member States and proposes a set of measures for Member States to pick and choose. A second set of measures is directed towards the EU itself. But will this help to alleviate the currently unfolding energy price crisis? This blogpost analyzes the main tools in this box and assesses them in view of their effectiveness. The tool ..read more

On 26 September 2021 general elections in Germany concluded with a tricky result. Negotations to form a coalition government are complicated. But the aims of which parties overlap the most when it comes to  energy and climate? This blog entry analysis party positions on energy and climate of the 4 most likely German parties in Germany, tipped to play a role in coalition negotiations, namely CDU/CSU, SPD, Grüne and FDP. The Social Democrats (SPD)  came out top in Germany`s general elections. But this result does not mean they will be able to install their candidate as successor of A ..read more

The Court of Justice of the European Union found on 2 September 2021 in case C-718/18 that Germany failed to properly transpose various provisions of the main EU Energy Directives of the Third Energy Package, namely 2009/72 (electricity) and 2009/73 (gas). Especially the allocation of responsibilities in German energy law (Energiewirtschaftsgesetz EnWG) is not in line with the envisaged responsibilities reserved exclusively for national regulatory authorities. In other words: the court found that there is too much possibility for political influence on decisions on network-bound energy in Ger ..read more

The energy and climate law blog is on summer break. Enjoy the sun and recharge batteries! The blog returns with new analyses on energy and climate law in Autumn. Many thanks for your support and have a good summer time ..read more

Together with colleagues Kaisa Huhta and Leonie Reins, i had the honour of editing the first book project of the International Association of Energy Law. Our book tries to clarify what energy democracy means in legal terms and what influences of the concept are for energy and environmental law. The book has recently been published with Brill.   Sustainable Energy Democracy and the Law explores the concept of sustainable energy democracy from a legal perspective. It explains what sustainable energy democracy means and how law can help in moulding the concept. Through discussion of l ..read more

  Our Encyclopedia on Energy Law, Climate Change and the Environment has now been published and may be ordered at Edward Elgar. Co-edited with Martha Roggenkamp and Kars de Graaf, I am honoured to have been part of this magnificent team, producing what now turned out to be a truly comprehensive work on the interrelation between energy law and sustainability. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. This volume of the Elgar Encycl ..read more

What is the role of law in sustainable energy democracy? How can law help to shape the concept of energy democracy and how can it be translated into concrete legal action? A new podcast by Govtran featuring Kaisa Huhta and Leonie Reins discusses our latest book, forthcoming in September 2021 with Brill, that has been co-authored by brilliant energy and environmental scholars from the International Association of Energy Law.  Sustainable Energy Democracy and the Law explores the concept of sustainable energy democracy from a legal perspective. It explains what sustainable energy democracy ..read more

   By Ceciel Nieuwenhout, Postdoctoral researcher at GCELS and City Council member for GroenLinks On 17 March 2021 the people of the Netherlands will elect a new House of Representatives (Tweede Kamer), which also kickstarts the formation process for a new government (regering). This blogpost shows what is at stake regarding climate and energy policy, focusing on the election programmes of the different political parties. This blog consists of three parts. First, an introduction to the political landscape of the Netherlands will be given. Second, the context of these elections and ..read more