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Climate Change and Renewable Energy as a Super Trump for EU Trade Law

Geert van Calster


However all Essent clear

Essent, Joined Cases C-204/12 to C-208/12,1 in conjunction with Case C-573/12 Ålands Vindkraft,2 completes the promotion of climate change governance as a super trump in the application of European Union trade law. The cycle arguably started with Outokompu Oy,3 followed by PreussenElektra.4 In contrast with Ålands Vindkraft, however, judgment in Essent does clearly instruct the referring judge to review outstanding issues. These focus in particular on the openmarket aspects of the regional scheme at issue.Moreover, the Court of Justice has not unequivocally held on key aspects of the general application of exceptions to free movement issues.

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