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Förderung erneuerbarer Energien und Beihilfenrecht: Die Konsequenzen der jüngsten EuGH-Entscheidung für die Finanzierung der Energiewende

Claas Friedrich Germelmann


Financing the production of electricity from renewable energy sources has always been a politically controversial issue. Furthermore, it entails legal ramifications not only in internal law, but also on the EU level. As far as the German renewable energy surcharge is concerned, the European Commission has been requiring its conformity with EU state aid law since the German Renewables Act (EEG) 2012. However, in a recent judgment, the European Court of Justice has ruled that since the surcharge does not constitute a grant stemming from State resources within the meaning of Article 107 TFEU, state aid law does not apply. It therefore ends the Commission’s control over the German renewable energy support scheme, which seems questionable since the new Renewables Directive 2018/2001 cannot provide for an adequate alternative in order to preserve the market standards the support scheme has to follow in order to be efficient. The criticism applies even more in the case of future support mechanisms that may be designed in order to finance other tasks and instruments in the context of energy transition, for which secondary legislation does not exist at all.

Der Autor ist Inhaber des Lehrstuhls für Öffentliches Recht, insbesondere Europarecht an der Leibniz Universität Hannover.

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