ECJ rules that grid integrity and security may justify restrictions on free movement

By Peter Willis

    In its judgment in Netherlands v. Essent and others of 22 October, the European Court of Justice held that Dutch rules imposing various restrictions on the ownership of transmission and distribution operators could be justified on public interest grounds, by way of derogation from EU free movement rules. The judgment provides support for the argument that other restrictions of fundamental EU freedoms may be justified in the interests of security of supply

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