Erneuerbare Energien im europäischen Binnenmarkt für Elektrizität

This work offers the first doctrinally coherent interpretation of EU primary law for the promotion of renewable energies in the European internal electricity market. Meticulously analysing the case law, the author maps the general doctrinal overlap between the prohibition to grant State aid and the free movement of goods in the Treaty for the Functioning of the European Union: Fiscal trade barriers meet with the notion of State aid in the requirement of State control, whereas non-fiscal trade barriers overlap with the notion of aid in the selectivity requirement. Based on the assumption that the TFEU distinguishes fiscal from non-fiscal trade barriers, the work argues to measure renewable energy promotion schemes that have strong economic impact on the internal electricity market against those parts of EU primary law that have been specifically developed to deal with member states’ economic regulations.