Capacity mechanism in France: Council of State requests a preliminary ruling on its conformity to EU free movement rules
Following its decision of 9 October 2015 , the French Council of State (Conseil d'Etat) has lodged on 19 October a request for preliminary ruling to the Court of Justice of the European Union (EU) concerning the conformity of the French capacity market mechanism to primary EU law , and in particular Article 34 and 36 of the Treaty on the Functioning of the EU (TFEU) on free movement rules . The question referred to the Court will be a new opportunity for the latter to pronounce itself on restrictions to the free movement of goods based on nationality for the purpose of security of energy supply . Parallels can be drawn with the 2014 decision of the Court in the Ålands Vindkraft case in relation to another certificates market (the French scheme being by design a trading scheme) - although based on another justification ground, i.e. environmental protection - (see my comment here ) and to refresh its case law in Campus Oil decision r...