A need for clarification of the energy solidarity principle: what can be learned from the GeneralCourt’s judgment in the OPAL case?

Abstract

The EU Court of Justice General Court’s judgment in Case T-883/16 on withdrawal of the Commission’s decision on the exemptions for the OPAL pipeline (an onshore continuation of Nord Stream 1) from some of the provisions of EU legislation in gas sphere on the basis of non-compliance with the principle of energy solidarity may have a great impact on the development of EU gas market with regard to balancing different approaches to external gas supply. This case may also raise some concerns on EU energy legislation from the point of view of impact of political goals on the regulation of the market. Having regard to these issues, the article analyses this case from the perspective of EU case law on application of the solidarity principle to point out the main legal aspects of utilization of this principle and crystallize it from non-legal biases. The article also provides a holistic assessment of the general application of the solidarity principle in the energy sphere and identifying the main gaps on the example of the OPAL case judgment.