C-379/98 Preussen Elektra [2001] ECR I-2099
Judgement for the case C-379/98 Preussen Elektra
Table Of Contents
Energy suppliers were forced, by German law, to buy energy from renewable energy producers in Germany at a minimum price that was considerably higher than the cost of buying from non-renewable energy producers.
It was acknowledged by ECJ and AG that this was contrary to Article 28 (as stating that a certain proportion of energy must be bought from national producers reduces the scope for imports), and the real question was whether a defence under Article 30 could be made out.
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ECJ held that the desire to promote renewable energy was was a defence under Article 30.
This is because Article 6 EC says that environmental protection requirements must be integrated into the definition and implementation of EU policies, and makes environmental protection a general principle of EU law.
AG Jacobs (more radical line than the court)
There is an unwritten exception to Article 28 (de facto extending Article 30) that discriminatory measures may be used for environmental protection
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