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Green Network SpA v. Italian Electric & Gas Authority

Pays/Territoire
Union européenne
Date
Nov 1, 2014
Source
UNEP, InforMEA
Nom du tribunal
European Court of Justice
Numéro de référence
[2014] C-66/13
Résumé
An Italian company, Green Network SpA (“Green Network”), imported renewable energy from a Swiss supplier in 2005. Under Italian law, energy companies were required to purchase a certain number of green certificates each year, but could seek an exemption where they imported renewable energy from countries with analogous laws promoting renewable energy. Where the exporting country was not a member of the European Union, the exemption was available only if there was a prior agreement between the importing and exporting countries regarding recognition of guarantees of origin. When Green Network requested an exemption from its obligation to purchase green certificates, the Italian national grid manager rejected that request since there was no agreement regarding guarantees of origin between Italy and Switzerland at the time the renewable energy was imported. Green Network brought an action in administrative court, which was dismissed. Green Network appealed the dismissal, and the appeals court referred to the European Court of Justice the question, inter alia, whether the Italian law conflicted with EU directives. The Court held that the Italian law was precluded since guarantees of origin fall within an area largely covered by EU law.

Key environmental legal questions:

Question referred from appeals court regarding whether Italian law at issue was precluded by EU law
Texte intégral
EU-Green-Network-2014.pdf
Site web
climatecasechart.com