28th European Energy Law Seminar, 23-24 January 2017, The Hague, The Netherlands

The 28the European Energy Law Seminar (EELS) is now open for registration.

Registration website: http://www.never.nl/site/

Place: The seminar will find place at the hotel Hampshire Babylon, The Hague, The Netherlands.

Date: 23-24 January 2017

Organisers: The EELS-seminar is a Cooperation between the Dutch energy law Association, the Energy Law Centre of the University of Groningen and the Energy Law Department of the Scandinavian Institute of Maritime Law, University of Oslo.

On the programme: review of recent EU case Law, impacts of Brexit, winter package and electricity market design, cross-border infrastructures, future roles of DSOs and TSOs, capacity market mechanisms, renewable energy investments, recast of the renewable energy Directive, prosumers, security of gas supply, future role of gas.

We hope to see there for again some fruitful discussions around EU energy law topics with other European colleagues.

Do not hesitate to take contact if you have any questions (E-mail).



Interview to RFI - Constitutional Court Decision on speed-up of Germany nuclear phase-out

I had the pleasure to answer some questions to Radio France International on the German Constitutional Court case on nuclear phase-out. Please see below the full article, with comments from diverse actors:


Constitutional Court ruling on the acceleration of nuclear phase-out in Germany: energy companies are entitled to "appropriate" compensation

Today, the German Federal Constitutional Court released its decision in a case opposing the German government to the three energy companies E.ON, RWE and Vattenfall, and related to compensation for the rapid phase-out of nuclear energy in Germany.

The Court concluded that the amendments made to the Atomic Energy Act following the decision by the German authorities in 2011 to accelerate the nuclear phase-out after the accident in Fukushima did not infringe the right to property of the three companies. However, the Court ruled that those companies were entitled to a "reasonable" compensation for the loss they suffered. The German Parliament has until 30 June 2018 to amend the Atomic Energy Act accordingly and the government must reach an agreement on compensation with the three companies.

As argued in my analysis below, even if this case remains a German domestic case, it teaches us some important lessons on the legal requirements for a smooth energy transition.


Foredrag om "Samarbeidsmekanismer etter 2020" på Norweas høstkonferanse 30. november 2016

30. november 2016 arrangerte NORWEA sin anerkjent Høstkonferanse i Oslo, i samarbeid med Arntzen de Besche.

Nedenfor følger en oppsummering av arrangementet:

Jeg hadde selv gleden av å presentere mine synspunkter om fremtiden for "Samarbeidsmekanismer og statsstøtte etter 2020 - Do's and don'ts."


On 30 November 2016, the Norwegian  Wind Power Association organised its renown Fall Conference.

Hereafter follows a link to a summary of the event (in Norwegian):

Personnally, I had the pleasure to present views on the "Future of Cooperation mechanisms and state aid regime after 2020 - Do's and don'ts".

Picture: (c) Paal Frisvold


Winter Package "Clean Energy for All Europeans" released (European Commission)

The European Commission has adopted and published, on 30 November 2016, one of the most comprehensive and voluminous legislative plackage ever, and definitely the master piece under the Energy Union Strategy.

The so-called "Clean Energy for All Europeans"-package is available at the following webpage:


The European Commission approves the national capacity mechanism in France, as amended

The European Commission announced on 8 November that it has approved the national-wide capacity mechanism in France under the EU state aid rules. In its press release, the European Commission makes clear that, in order to adopt such a positive decision, France had to make some amendments to its scheme. Security of energy supply was also one of the main grounds for allowing the measure.

The full text of the decision is not yet available, but the press release is available here


Save-the-date! 28th European Energy Law Seminar, 23-24 January 2017, The Hague, The Netherlands

The 28th European Energy Law Seminar (EELS) will be held in The Hague, The Netherlands, on 23-24 January 2017.

The Seminar is a unique opportunity to review the latest EU energy law developments including recent legislative proposals adopted by the European Commission and at the same time discuss in detail legal developments, case law and case practice in the field with colleagues from all over Europe. So, hold the date and see you in The Hague.

On the programme: Energy Union and legislative initiatives, energy market design package, impact of Brexit, recent competition cases and EU case law, revision of the renewable energy directive, cross-border infrastructures permitting and financing, evolving roles for TSOs and DSOs, capacity reserve mechanisms, prosumers, and gas supply package.

The full programme and registration details will be announced shortly on the NeVER website: http://www.never.nl

The seminar is co-organised by the Faculty of Law of the University of Oslo, The University of Groningen and the Dutch Energy Law Association.

If you have any questiondo not hesitate to take contact with me at: catherine.banet@jus.uio.no


The EU Environment Ministers agree to speed up the process of EU ratification of the Paris Agreement (UNFCCC)

Hereafter is reproduced a part of the press release from the Council of the European Union agreement reached on 30 September to speed up the process of ratification of the Paris Agreement, and detailing the institutional process for it. 

On 30 September 2016, the Council agreed to speed up the process of ratification of the Paris Agreement. This agreement sets the framework for global action on climate change.
The Council decided to go ahead with ratification at EU level. Member states will ratify either together with the EU if they have completed their national procedures, or as soon as possible thereafter.
To open the way for EU ratification, ministers endorsed a Council decision on EU conclusion of the agreement and asked the European Parliament for its consent.
Once the European Parliament gives its green light, the decision on conclusion will be formally adopted by the Council. The EU will then be able to ratify the agreement.

Full press release available HERE.