This work analyzes the legality of energy supply network divestiture as threatened by the European Commission and the legislative unbundling measures which entered into force in summer 2009, in each case on the basis of European economic regulation competences. EC competition law and the question as to whether the European Union is allowed to exercise its competence to legislate for further unbundling measures are one focus of the discussion, which relies extensively on economic evidence and reasoning. Another focus of this work is the question of whether these measures are in breach of economic fundamental rights as recognized by the European Union. This work also deals with the extent to which the implementation of these legislative unbundling measures (in particular ownership unbundling and independent system operation) complies with the constitutional frameworks of Germany, Great Britain and the Netherlands. In all the jurisdictions discussed, the distinction is made between private and public undertakings where relevant. The last part of this work then draws comparative conclusions and lessons.
Eckart Ehlers LL.M. (Leicester) Wirtschaftsjurist (Bayreuth) is a German Rechtsanwalt and (non-practising) Solicitor (England & Wales) and works in the area of regulatory compliance. During his doctoral research, he worked at Tilburg University and TILEC in the Netherlands, at the Institute of Energy and Mining Law (RUB) in Bochum (Germany) on the international and interdisciplinary project UNECOM, at ULg in Liège (Belgium) and as visiting researcher at BIICL in London. Previously, he worked for a national law firm in Birmingham (UK), as consultant in the area of corporate restructuring and for several multi-disciplinary practices in Germany.
Energy & Law is a series which closely monitors the developments in energy law. Since the liberalisation of the gas and electricity markets and the development of sustainable energy sources, the European energy markets have been in constant development.
Market players have adapted themselves to these new market circumstances and the market structure of the energy sector has change thoroughly under the influence of free competition. The implementation of the EU liberalisation directives will change the organisation and working methods of the energy markets.
Energy & Law is published in parallel with the Dutch series Energie & Recht.
- Prof. Martha M. Roggenkamp (University of Groningen, the Netherlands) - editor in chief
- Prof K. Deketelaere (University of Leuven, Belgium and University of Dundee, Scotland)
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