European Union

Azienda Agro-Zootecnica Franchini Sarl v. Regione Puglia (European Court of Justice, 2011)

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: Azienda Agro-Zootecnica Franchini Sarl (Corporation)


Side B: Regione Puglia (Government)


Core objectives:

Determine whether national legislation prohibiting wind turbines in a national park was inconsistent with EU energy policy


Summary
Applicants sought reference for a preliminary ruling as to whether Italy's national legislation prohibiting the construction of wind turbines in a national park is consistent with EU's energy policy, which promotes renewable energy to combat climate change and comply with the Kyoto Protocol. The court found no evidence that the prohibition hindered renewable energy production at the national or regional level and thus determined that the prohibition was consistent with EU energy policy goals.
Case documents

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