EU Energy Law

Author: Angus Johnston; Guy Block
Publisher: Oxford University Press
ISBN: 9780199665242
Published In: November 2012
Format: Hardback , 472 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a full account of developments in the law following the third energy package in 2009
Unique coverage of energy contracts and related regulatory problems such as those arising from pre-existing long-term contracts related to investment law and fundamental rights law, as well as regulatory and competition law questions arising from new long-term contracts
Analyses the roles of regulatory authorities, including the new Agency for the Cooperation of Energy Regulators
Integrates relevant case law from the free movement and competition fields into the substantive analysis covering cases such as PreussenElektra and cases on security supply in detail

This work is the only current, single volume coverage of the the latest EU energy legislation and its application on the context of the rules of the EU Treaties.

Providing a comprehensive account of EU energy law following the adoption of the third energy package in 2009 this book focuses on internal market issues and the applicable rules and developments in energy law. It covers key issues such as environmental and contractual matters, and the roles and responsibilities of regulatory authorities, including the new Agency for the Cooperation of Energy Regulators (ACER).

As well as the Third Package Directives in the Electricity and Gas Internal market, the work covers a wealth of other recent legislative material, including the accompanying Regulations on cross-border trade in gas and electricity, the ACER Regulation, the Regulation on Energy Market Integrity and Transparency, the Second Renewables Directive, the Gas Security of Supply Regulation, the Carbon Capture and Storage Directive, as well as proposals for the new Energy Efficiency Directive.

Relevant case law from the free movement and competition fields is integrated into the substantive analysis of particular topics including detailed analysis of PreussenElektra, cases on security of supply, and various competition law decisions and cases concerning, for example, essential facilities and long-term contracts (involving capacity reservation and destination clauses etc).

In addition to discussing energy contracts generally, the work also analyses regulatory problems relating to energy contracts which are not covered by other books in the field. Pre-existing long-term contracts raise problems relating to investment law (under the Energy Charter Treaty, bilateral investment treaties, etc) and fundamental rights law (property rights protection). New long-term contracts raise both regulatory and competition law questions which are also discussed.

Coverage also includes the evolution of the EU's energy legislation; the liberalization of energy markets after the third package; security of supply; energy sources; and energy efficiency.

It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form for the benefit of those who do not subscribe to the looseleaf.

Readership: Practitioners including in-house lawyers in the fields of energy law, competition law, investment law, and contract law as well as academics.

PART 1: BACKGROUND
1: Introduction and the General Context of the EU and its Treaties
2: The Evolution of the EU's Energy Legislation: An Outline
PART II: STATE OF EU LAW ON THE LIBERALISATION OF ENERGY MARKETS AFTER THE THIRD PACKAGE
3: Unbundling
4: Third Party Access
5: Regulatory Authorities and European Cooperation
6: Trans-European Energy Networks
7: Consumer Protection and Public Service Obligations
8: Liberalization and Energy Contracts
PART III: 'ENERGY SECURITY' AND 'SECURITY OF SUPPLY'
9: Introduction to Energy Security and Security of Supply
10: EU Legislation on Security of Supply
11: Cross-European Initiatives
PART IV: ENERGY SOURCES
12: Renewables
13: Coal
14: Nuclear
15: Oil
PART V: ENERGY EFFICIENCY IN THE EUROPEAN UNION
16: Introduction to Energy Efficiency in the European Union
17: EU Legislation, Policy Instruments, and Proposals

Angus Johnston, Senior Fellow, University of Oxford, and Guy Block, Head of the Energy and Transport Law Department, Janson Baugniet

Angus Johnston is a CUF Lecturer and a Fellow in Law at University College, Oxford. Between 1997-8, he was a Lecturer at the Institute for Anglo-American Law at the University of Leiden. He was a Fellow and Director of Studies in Law at Trinity Hall, Cambridge from 1999 and University Lecturer from 2004 and then Senior Lecturer at Cambridge University from 2008 until his appointment in Oxford in 2010. He has been a visitor to Harvard Law School and the Max Planck Institute for Comparative and International Private Law in Hamburg. He is also an affiliated lecturer at Cambridge University and at the Jacobs University, Bremen.

Dr Guy Block is Head of the Energy and Transport Law Department at Janson Baugniet in Brussels. He has more than 25 years of experience in the energy sector. He acts frequently before Belgian civil and administrative courts, Arbitration instiutions, European Court of Justice, and European Court of Human Rights. He is a national and international arbitrator.