The principle of solidarity and hydrogen markets in the European Union

Abstract

Abstract With the OPAL-Judgment, the CJEU stated very clearly that the principle of solidarity—implemented in Article 194 TFEU with reference to a ‘spirit of solidarity between Member States’—has legally binding effect on EU institutions and EU Member States in the field of energy law. This ruling marks the end of a long and controversial academic discussion on the nature of the solidarity principle. At the same time, the ruling is just the beginning of further legal research on what exactly the content of the obligations and possible conflicts with Member States sovereignty under Article 194(2) TFEU is. The following article analyses the effects of the principle of energy solidarity on the nascent regulatory framework on hydrogen markets in the European Union (EU). It is common sense that those markets shall evolve swiftly to achieve emission reduction goals. There is no European regulation on pure hydrogen markets in force yet, but some EU Member States have already taken legislative action. Against this background, the article will particularly assess the impact of the principle of solidarity on national measures regarding network planning and hydrogen import.