Review article
Competition protection in renewable energy law
Anton Jukić
Abstract
Both in Croatian and German law, the right to access networks belonging to producers of energy of renewable sources is firstly protected by legal regulations on energy. Furthermore, laws are applied which constitute fundamental regulation of the energy sector (Renewable Energy Act in German law and in Croatian law Electrical Energy Market Act). The afore-mentioned norms of both legal systems have been implemented by harmonising them with regulations from European law.
When a network operator without reason denies an energy producer of a renewable source of energy access to the network, the afore-mentioned legal regulations, among other things, proscribe to that producer of energy the right to seek removal of (abate) interference and the refraining from interference in the future. What is disputable is whether emphasising these authorisation rights is only for persons mentioned in the regulations of energy law or can these rights be sought by persons authorised by the fair trade law. Is this about the issue of whether, besides energy law, application of the fair trade law is also allowable?
Of great significance is the question of whether the energy law regulations by their nature are conclusive which could mean no more possibility for applying fair trade law. This issue can still be regarded as unresolved.
According to the author’s opinion, particularly because of the various aims of the energy law regulations (securing supply of electrical energy) and the fair trade law (securing fair competition) these legal areas are interwoven in such a way that fair trade law extends legal protection. For this reason, active legitimation should be acknowledged to emphasise law to remove harmful consequences and to deter forbidden activity both for consumer protection associations (in German law) and for economy and trade chambers (in Croatian law).
Keywords
Renewable sources of energy competition protection; german law; croatian law
Hrčak ID:
111476
URI
Publication date:
28.11.2013.
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