The Non-Discrimination Obligation of Energy Network Operators: European Rules and Regulatory Practice

By Hannah Kruimer

This book analyzes the application of the legal principle of non-discrimination in the context of energy network operation. Since the early 1990s, the duty not to discriminate has applied to energy network operators, in order to achieve a liberalized European energy market in which European consumers have a free and real choice of energy supplier. The book provides guidance to those working in the context of the non-discrimination obligation, such as energy network operators, regulatory authorities, national courts, and other energy market players, as well as those studying the rules for (academic) research purposes. The book's conclusions serve as a tool for critical consideration and offer suggestions for improvements to the legal framework and its application on a European, as well as a national, level. Several questions are answered, including why energy network operators have a non-discrimination obligation in the context of energy market liberalization, how European law has tried to remove and control the discrimination problem since the early 1990s, and when different treatment of energy network users amounts to 'forbidden' discrimination. The book's conclusions are underpinned by comparisons with competition law, public procurement law, and telecommunications law, as well as a case study on how energy network operators and regulators in several Member States currently interpret and apply the non-discrimination obligation. (Series: Energy & Law - Vol. 15)


218 pages

Publication Date: 1/1/2014
Format: Cloth
ISBN: 9781780682037