In recent years, there have been a large number of energy sector disputes within the EU. For example, on September 16, 2021, the fiftieth investment treaty claim was filed with the International Centre for Settlement of Investment Disputes regarding Spain’s renewable energy reforms. Over this period there has also been an observable trend of courts within the EU — both at the EU and individual Member State levels — becoming increasingly assertive in adjudicating energy-related matters. These decisions track alongside the EU’s expanding legislative impetus, seen in new areas such as the hydrogen regulations, and have consequences which go well beyond the EU's borders.
A special thanks to Yvonne Addai for her valuable contribution to this publication