<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The CJEU’s final ruling in the OPAL case underscores the evolution of the solidarity principle from a political guideline to an autonomous legal tenet, significantly impacting Member States’ energy decisions. This paper critically examines the legal implications and challenges arising from the reinterpretation of the energy solidarity principle in the OPAL case, which concluded in the summer of 2021. Focused on Article 194 TFEU, the research delves into the question of balance between EU and Member States’ authority in energy policymaking, especially amidst divergent views on external energy relations with Russia. Against the backdrop of geopolitical shifts and responses to the 2022 Russian invasion of Ukraine, this study sheds light on the legal repercussions for the Member States’ energy decisions in the aftermath of the OPAL case, exploring nuanced challenges in fostering a cohesive energy policy within the EU.</p>
</abstract>

The CJEU’s final ruling in the OPAL case underscores the evolution of the solidarity principle from a political guideline to an autonomous legal tenet, significantly impacting Member States’ energy decisions. This paper critically examines the legal implications and challenges arising from the reinterpretation of the energy solidarity principle in the OPAL case, which concluded in the summer of 2021. Focused on Article 194 TFEU, the research delves into the question of balance between EU and Member States’ authority in energy policymaking, especially amidst divergent views on external energy relations with Russia. Against the backdrop of geopolitical shifts and responses to the 2022 Russian invasion of Ukraine, this study sheds light on the legal repercussions for the Member States’ energy decisions in the aftermath of the OPAL case, exploring nuanced challenges in fostering a cohesive energy policy within the EU.

Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P

Stockholm Environment Institute (SEI) Tallinn Center

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The CJEU’s final ruling in the OPAL case underscores the evolution of the solidarity principle from a political guideline to an autonomous legal tenet,...

Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P

Published Online: Jul 10, 2024

Page range: 78 - 97

DOI: https://doi.org/10.2478/eustu-2023-0013

Keywords
European Union, energy solidarity, OPAL case, legal implications, Member States, energy policy, geopolitical shifts, EU integration

© 2024 Javad Keypour et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P

Published Online: Jul 10, 2024

Page range: 78 - 97

DOI: https://doi.org/10.2478/eustu-2023-0013

KeywordsEuropean Union, energy solidarity, OPAL case, legal implications, Member States, energy policy, geopolitical shifts, EU integration

© 2024 Javad Keypour et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
European Union, energy solidarity, OPAL case, legal implications, Member States, energy policy, geopolitical shifts, EU integration