TGS Baltic partner Triinu Järviste and senior associate Vitali Šipilov successfully represented Elering in renewable energy disputes at the European Court of Justice and the Estonian Administrative Court.
The disputes concerned renewable energy subsidy, which, according to the European Commission’s state aid permit, can be given without a reversed auction. The explanations of the European Court in the decisions made provide legal clarity regarding which producers Elering AS may grant renewable energy support in this so-called simplified procedure.
In its decision of May 29, 2024, the European Court found that in each case it is necessary to assess whether the project was at such a stage of development at the end of 2016 that it was very likely to be completed, and that the project is at such a stage of development that allows the developer to be considered an existing producer of renewable energy . In essence, this means that projects that did not have the necessary legitimate expectation to receive renewable energy support as of the end of 2016 cannot receive support under the simplified procedure.
In this way, the decisions of the European Court also ensured that Elering’s decisions regarding the granting and non-granting of renewable energy support were based on a correct legal interpretation.
The judgments of the European Court of Justice are available here and here.
