Sacha Prechal - Judge at the Court of Justice of the EU and Honorary Professor of European Law at Utrecht University
Javier Esteban Ríos - Profesor de Derecho Administrativo, Universidad de Zaragoza
Fien Van Reempts - PhD researcher and FWO fellow (11PJ224N), University of Antwerp
Theodoros G. Iliopoulos - Postdoctoral Fellow (Fundamental Research) of the Research Foundation - Flanders (FWO), visiting pro
Jacopo Alberti - Department of Law, University of Ferrara
RPA Kraaijeveld - Senior legal counsel at the Dutch Central Bank, MBJ van Rijn - Senior legal counsel at the Dutch Central Bank and Financial Law Centre, Radboud University, L Wissink - Senior manager in legal and regulatory team for financial services of an international consultancy f
Sigrid Stokstad - University of Oslo, Henrik Wenander - Lund University
Ulrich Stelkens - Professor of Public Law, German and European Administrative Law, German University of Administrative
State aid assessment for renewable energy support schemes: deconstructing the Guidelines on State aid for Climate, Environmental Protection and Energy, in view of the recent major crises.
The attainment of the clean energy transition in the EU requires substantial additional investment in renewable energy projects. In this regard, Member States have been and still are using support schemes, regulatory instruments that financially support such investments in different ways. However, since support schemes constitute an intervention in the market, their legality and compatibility with the internal market is not self-evident but needs to be assessed under State aid law. This assessment is typically conducted on the basis of soft law conditions that the Commission adopts with its Guidelines. The latest relevant body of Guidelines is the CEEAG of 2022, and this paper critically presents and analyses the conditions of the CEEAG that involve the promotion of renewable energy sources. It interprets the conditions, shows how priorly applicable conditions have evolved and have found a new expression in the CEEAG, and highlights grey areas and weak points of the CEEAG. In addition, this paper weighs the CEEAG against the most recent uncertainties, particularly the ones posed by the effects of the energy price and security crises that have challenged the prevalent modus operandi for the promotion of renewable energy sources.
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