European Union

Alands Vindkraft AB v. Energimyndigheten (European Court of Justice, Grand Chamber, 2014)

Jurisdiction: European Union


Principle law(s): 2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below)


Side A: Ålands Vindkraft AB (Corporation)


Side B: Swedish Energy Agency (Government)


Core objectives:

Challenged Sweden's green energy certificate scheme under Directive 2009/28


Summary
A Finnish wind farm challenged defendant Swedish energy agency's refusal to grant a green electricity certificate. The agency refused on the grounds that only green electricity production installations located within the Swedish territory may be awarded the certificate. Plaintiff claimed that the territorial limitation of Sweden's energy certificate scheme under Directive 2009/28 was inconsistent with Article 34 of the Treaty on the Functioning of the European Union (TFEU). The court upheld Sweden's national support scheme and found that it was compatible with TFEU Article 34 because the national quota promotes increased use of renewable energy sources in electricity production.
Case documents

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