The Non-discrimination Obligation of Energy Network Operators: European Rules and Regulatory Practice (Energy and Law 15)

The Non-discrimination Obligation of Energy Network Operators: European Rules and Regulatory Practice (Energy and Law 15)

By: Hannah Kruimer (author)Paperback

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In this book Hannah Kruimer analyses the application of the legal principle of non-discrimination in the context of energy network operation. Since the early 1990s the duty not to discriminate has applied to energy network operators, in order to achieve a liberalised European energy market, in which European consumers have a free and real choice of energy supplier. This book provides guidance to those working in the context of the non-discrimination obligation, such as energy network operators, regulatory authorities, national courts and other energy market players, as well as those studying the rules for (academic) research purposes. The book's conclusions serve as a tool for critical consideration and offer suggestions for improvements to the legal framework and its application on a European as well as a national level. It is thus of practical as well as academic relevance. Several questions are answered in this book, including why energy network operators have a non-discrimination obligation in the context of energy market liberalisation, how European law has tried to remove and control the discrimination problem since the early 1990s and when different treatment of energy network users amounts to 'forbidden' discrimination? The book's conclusions are underpinned by comparisons with competition law, public procurement law and telecommunications law, as well as a case-study on how energy network operators and regulators in several Member States currently interpret and apply the non-discrimination obligation.


Preface Chapter 1. Introduction and Overview 1.1 Aim and Relevancy 1.2 Research Focus, Justification and Methodology 1.2.1 A Primary Focus on Non- Discrimination Obligations of Transmission Network Operators 1.2.2 A Review of Both Gas and Electricity Transmission Network Non-Discrimination Obligations 1.2.3 A Review of the Implementation and Application of Non-Discrimination Obligations in three Member States 1.3 Primary Questions and Chapter Overview Chapter 2 The Reasons Why Network Operators Have a Non-Discrimination Obligation 2.1 The Wider Context: The Establishment of the Internal Market 2.2 The Specific Context: a Free and Real Choice of Energy Supplier for European Consumers 2.3 The Ability of Network Operators to Discriminate Between Network Users 2.4 The Incentives of Network Operators to Treat Network Users Differently 2.4.1 Primary Reason: Vertical Integration 2.4.2 Strategic Reasons and Abuse 2.4.3 State Ownership 2.4.4 Network Related Reasons 2.4.5 Cost and Risk Considerations 2.4.6 Required Favourable Treatment of Renewable Energy Producers 2.5 Summary and Conclusions: A Precondition for a Free and Real Supplier Choice for European Consumers Chapter 3 The Enforcement and Evolution of Non-Discriminatory Behaviour through European Rules 3.1 Directive 90/377/EEC, Directive 90/547/EEC and Directive 91/296/ EEC 3.2 Directive 96/92 and Directive 98/30 3.3 Directive 2003/54 and Directive 2003/55 and Regulation 1228/2003 and Regulation 1775/2005 3.4 Directive 2009/72 and Directive 2009/73 and Regulation 714/2009 and Regulation 715/2009 3.5 Summary and Conclusions: Discrimination by Network Operators Remains an Issue Chapter 4. Approaching Non-Discrimination Obligations Under European Law: When Does Different Treatment of Network Users Amount to Unlawful Discrimination? 4.1 Approaching Non-discrimination Rules Under European Law 4.2 The Legal Concept of Non-Discrimination and its Application by the European Court of Justice in the Energy Context 4.2.1 The Underlying Principle: Equality 4.2.2 The Importance of Similarity (of Network Users) 4.2.3 The Scope of the Non-Discrimination Obligation: All Forms, Ways and Network Users 4.2.4 Justification Possibilities for Network Operators and Proportionality 4.3 Summary, Conclusions and Recommendations: An Eff ects-Based Approach Chapter 5 Justifying the Effects-Based Approach to the Non-Discrimination Obligation on the Basis of Discrimination Assessments in Similar Sectors 5.1 The Discrimination Assessment Under Competition Law - Article 102 5.1.1 An Analysis of the Non-Discrimination Obligation Under Article 102 5.1.2 The Assessment of Discrimination 5.1.3 Conclusions 5.2 The Discrimination Assessment under Telecommunications Law 5.2.1 An Analysis of Non-Discrimination Obligations in the Telecommunications Context 5.2.2 The Assessment of Discrimination 5.3 The Discrimination Assessment under Public Procurement Law 5.3.1 An Analysis of Non-Discrimination Obligations in the Public Procurement Context 5.3.2 The Assessment of Discrimination 5.4 Conclusions and Recommendations: A Suffi cient Legal Foundation for an Effects-Based Approach Chapter 6 The Legal Grounds on which Different Treatment of Network Users can be Justified and their Procedural and Substantive Limitations 6.1 Lack of Network Capacity 6.2 Financial Security - Creditworthiness 124 6.3 Public Service Obligations 6.4 The Promotion of Renewables 6.5 Difficulties with Take-or-Pay Contracts 6.6 The Promotion of New Infrastructure 6.7 Technical Network Safety Rules 6.8 Cost-Reflectivity 6.9 Conclusions and Summary Chapter 7 Country Over view: The Application of the Non-Discrimination Obligation and Justification Rules in Great Britain, the Netherlands and Germany 7.1 Great Britain 7.1.1 Legal Framework and Non-Discrimination Obligations 7.1.2 Network Operation and Unbundling 7.1.3 Regulation and Judicial Review 7.1.4 Examples of Application by Regulators and Courts Effects on Competition Effects for Consumers Elements of (Dis)similarity: Costs and Risks Proportionality Summary and Conclusions 7.2 The Netherlands 7.2.1 Legal Framework and Non-Discrimination Obligations 7.2.2 Network Operation and Unbundling 7.2.3 Regulation and Judicial Review 7.2.4 Examples of Application by Regulators and Courts Tariff Differentiation and Effects on Legal Duties Justifi ed Differentiation between Network Users regarding Conditions Effects on Competition Effects For Consumers Proportionality Summary and Conclusions 7.3 Germany 7.3.1 Legal Framework and Non-Discrimination Obligations 7.3.2 Regulation and Judicial Review 7.3.3 Regulator and Judicial Review 7.3.4 Examples of Application by Regulators and Courts 7.4 Summary and Conclusions: Differences and Similarities in Application by Regulators and Courts Chapter 8. Academic Summary, Conclusions and Recommendations 8.1 Academic Summary & Conclusions 8.2 Recommendations Bibliography Nederlandse samenvatting Curriculum Vitae

Product Details

  • ISBN13: 9781780682037
  • Format: Paperback
  • Number Of Pages: 218
  • ID: 9781780682037
  • weight: 500
  • ISBN10: 1780682034

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