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PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down from 1 January 2023 which may be of interest to energy lawyers. The tracker is divided into: • the General Court of the European Union • the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Aquind and Others v ACER Case T-492/21 Judgment: 15 February 2023 Energy – Competence of the ACER – Withdrawal of the United Kingdom from the European Union – Error of law – Article 2(1) of Regulation (EU) 2019/943 – Article 92 of the Withdrawal Agreement – Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement The applicants Aquind Ltd, Aquind Energy Sàrl and Aquind SAS, seek the annulment of the decision of the Board of Appeal of ACER of 4 June 2021 concerning a request for an exemption relating to an electrical interconnector connecting the electricity transmission systems in the United Kingdom and France. The Court dismissed
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down from 1 January 2024 which may be of interest to energy lawyers. The tracker is divided into: • the General Court of the European Union • the Court of Justice of the European Union For further information on EU energy legislation introduced in 2024, see Practice Note: EU energy tracker 2024. For 2025 developments, see the following Practice Notes: • EU energy tracker 2025 • EU energy cases tracker 2025 General Court of the European Union Case Date Find out more Nord Stream 2 v Commission Case T-526/19 Judgment: 27 November 2024 Energy – Internal market in natural gas – Directive (EU) 2019/692 – Amendments to Directive 2009/73/EC – Legal certainty – Equal treatment – Proportionality – Misuse of powers – Procedural irregularities The case concerned Directive (EU) 2019/692 (which amended the EU Gas Directive 2009/73/EC to cover gas pipelines between
PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down during 2025 which may be of interest to energy lawyers. The tracker is updated monthly. The tracker is divided into: • the General Court of the European Union • the Court of Justice of the European Union To review court decisions made in 2024, see Practice Note: EU energy cases tracker 2024. General Court of the European Union Case Date Find out more BNetzA and Germany v ACER Joined cases T-600/23 and T-612/23ECLI:EU:T:2025:927 Judgment: 1 October 2025 Energy – Internal market for electricity – Regulation (EU) 2015/1222 – Regulation (EU) 2019/943 – Allocation of cross-zonal capacity between bidding zones and congestion management – Determination of common regional methodologies for the calculation of daily and intraday capacity – Proposals from the transmission system operators of the 'Core' capacity calculation region – Internal critical network elements – Economic efficiency – Power transfer distribution factor (PTDF) – Decision of the Board of
PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down during 2026 which may be of interest to energy lawyers. The tracker is updated monthly. The tracker is divided into the following sections: • decisions of the General Court of the European Union • decisions and opinions of the Court of Justice of the European Union For further information on new and emerging EU energy legislation, and current consultations, see Practice Notes: • EU Energy—horizon scanner • EU Energy—key developments tracker To review court decisions made in 2025, see Practice Note: EU energy cases tracker—2025. General Court of the European Union Case Date Find out more Swissgrid AG v European Commission Case T-127/21 RENVECLI:EU:T:2026:71 Judgment: 4 February 2026 Energy—European platforms
PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down from 1 January 2023 which may be of interest to environment lawyers. The tracker is updated monthly. The tracker is divided into: • the General Court of the European Union • the Court of Justice of the European Union General Court of the European Union What’s happening? When? Find out more Arctic Paper Grycksbo AB v Commission Case T-269/21 Judgment: 26 July 2023 Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National implementing measures – Transitional free allocation of greenhouse gas emission allowances – Decision to exclude an installation exclusively using biomass – Duty of diligence – Right to be heard – Obligation to state reasons – Manifest error of assessment – Equal treatment – Legitimate expectations – Plea of illegality – Paragraph 1 of Annex I to Directive 2003/87 The applicant (operator of an installation producing coated fine paper) sought the annulment of Article 1(1) and Annex I of Commission Decision (EU) 2021/355 of 25 February 2021 (insofar
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down from 1 January 2024 which may be of interest to environment lawyers. The tracker is divided into: • the General Court of the European Union • the Court of Justice of the European Union To review court decisions made in 2023, see Practice Note: EU environment cases tracker 2023 [Archived]. General Court of the European Union Case Date Find out more Carmeuse Holding Srl v European Commission Case T-385/22 Judgment: 11 December 2024 Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Transitional rules for the harmonised free allocation of emission allowances for the 2021-2030 period – Changes to Romania’s national allocation table for the 2021-2025 period – Transitional free allocation of greenhouse gas emission allowances to installations producing quicklime – Obligation to state reasons – Right to be heard – Principle
PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down during 2025 which may be of interest to environment lawyers. The tracker is divided into the following sections: • General Court of the European Union • Court of Justice of the European Union To review court decisions made in 2024, see Practice Note: EU environment cases tracker 2024. General Court of the European Union Case Date Find out more Nouryon Functional Chemicals BV and others v ECHA Case T-1122/23ECLI:EU:T:2025:1041 Judgment: 19 November 2025 REACH – Substance di-tert-butyl 1,1,4,4-tetramethyltetramethylene diperoxide – Compliance check of registrations – Request for additional toxicity studies – Article 41 of Regulation (EC) No 1907/2006 – Manifest error of assessment – Error of fact – Proportionality – Decision of the Board of Appeal of ECHA – Admissibility of the arguments directed against the decision of ECHA By this action, the applicants (substances registrants under EU REACH) seek the annulment of a decision made by ECHA’s Board of Appeal
PRACTICE NOTES
This cases tracker displays key judgments and opinions from the General Court of the EU and the Court of Justice of the EU handed down during 2026 which may be of interest to environment lawyers. The tracker is updated monthly. The tracker is divided into the following sections: • decisions of the General Court of the European Union • decisions and opinions of the Court of Justice of the European Union For further information on new and emerging EU environmental and ESG legislation, and current consultations, see Practice Notes: • EU Environment—horizon scanner • EU Environment—key developments tracker • EU ESG and sustainability—horizon scanner • EU ESG and sustainability—key developments tracker To review court decisions made in 2025, see Practice Note: EU environment cases tracker—2025. General Court of the European Union Case Date Find out more Dassault Aviation v European Commission Case T-77/24ECLI:EU:T:2026:409 Judgment: 24 June 2026 Environment – Delegated Regulation (EU) 2023/2485 – Taxonomy – Transitional activities – Exclusion of the activity of manufacturing business aircraft – Manifest error of assessment The
NEWS
The European Commission (EC) has announced that the European Union (EU) and Euratom have decided to exit the Energy Charter Treaty (ECT), as it is incompatible with the EU’s climate and energy goals under the European Green Deal and the Paris Agreement. The EC notified the Government of Portugal, the official depositary of the ECT, of their withdrawal, which will take effect in one year. This decision follows the Komstroy judgment by the Court of Justice of the European Union (CJEU), which deemed the ECT’s arbitration clause inapplicable to intra-EU disputes. The EU and its Member States have also reached an agreement to end such arbitration proceedings, ensuring they align with Union law. The ECT, in force since 1998, includes the EU, Euratom, 22 EU Member States, and other countries. Some Member States, including Italy, France, Germany, and Spain, have already exited, or begun withdrawing from the ECT. Efforts to modernise the ECT to align with EU climate goals have stalled due to lack of support, prompting the decision to withdraw. This move reinforces the EU’s commitment to resolving disputes within its legal framework and advancing its environmental policies.
NEWS
Law360: The question of whether the EU should expand beyond its current 27 member countries is putting the spotlight on the bloc's voting practices, raising concerns that the current unanimity requirement for tax policy changes would become unmanageable with a larger group.
NEWS
MLex: An experts’ report on the EU’s approach to children’s access to social media and other digital services has drawn criticism from the Centre for Democracy & Technology Europe, which warned that restrictions for under-13s could require age verification at scale and undermine fundamental rights. It welcomed the focus on children’s safety and safer platform design, but urged policy-makers to enforce the EU Digital Services Act before creating new rules.
PRACTICE NOTES
The EU external border control has been under constant changes, especially due to the unprecedented arrival of refugees, irregular immigration and digitalisation of the control systems. Additionally, an examination of the changes introduced in the Schengen Borders Code reveals that the experience of the coronavirus (COVID-19) pandemic has influenced its development. Key objectives of the EU in this area are to have a gradual establishment of an integrated management system for external borders, to enhance the support in the field of migration management, the fight against cross-border crime and to support national authorities for a better internal security. The ‘EU Migration and Asylum’ policy is an important part of the EU external border control. However, this policy is not discussed in this Practice Note which focuses on the general Schengen visa scheme, the main tools and systems that have been incorporated (the Visa Information System (VIS) and the Schengen Information System (SIS)) and those that are not yet operational (the