The European Court of Justice rules in favour of E.ON against energy authority
The European Court of Justice has determined that the Swedish Energy Authority's decision concerning E.ON Biofor Sverige's imports of sustainable biogas is contrary to the rules on free movement of goods in the Treaty on the Functioning of the European Union (TFEU). The court's ruling sets an important precedent for the interpretation of the Renewables Directive and the obligation on member states not to discriminate between imported sustainable biogas and domestically produced sustainable biogas. The court accepted E.ON's submissions that the court had to rule on the compatibility with Article 34 TFEU in order to provide the national court with a useful answer, and that the decision constituted a restriction of trade that was not necessary to achieve the goal of an increased use of renewable energy sources.
E.ON was represented by Mannheimer Swartling.