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Showing posts from October, 2015

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 Ã…lands 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 related to public security and secur