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

European Union

Jurisdiction: European Court of Justice

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

Judgment

Related laws and policies

This law implements European Union legislation

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)

Passed in 2009 Legislative

In 2007 EU leaders endorsed an integrated approach to climate and energy policy that aims to combat climate change and increase energy security while strengthening its competitiveness. In 2008 the European Commission proposed binding legislation to implement the 20-20-20 targets. This 'climate an...