The growing wave of uncompensated curtailments of renewable energy production in Greece has become one of the most pressing issues facing renewable energy producers.<\/p>\n
The issue has both national and European legal dimensions. At the centre of this debate is the Irish Case C-36\/25 (Energia Group and Others<\/em>), pending before the Court of Justice of the European Union (CJEU), which raises critical questions concerning the scope of protection afforded to renewable energy producers under EU law and the limits of national discretion.<\/p>\n The Opinion of Advocate General Juliane Kokott focuses on the interpretation of Article 13(7) of Regulation (EU) 2019\/943 and on whether producers may rely directly on its provisions to claim compensation in cases of non-market-based redispatching, except in the case of producers that have accepted a connection agreement under which there is no guarantee of firm delivery of energy.<\/p>\n The Opinion identifies three key issues.<\/p>\n The Advocate General\u2019s Opinion is not binding on the Court. The final ruling rests with the CJEU, which will determine the extent to which these interpretative positions are adopted.<\/p>\n The case is of particular importance to the Greek renewable energy market, as it highlights the need to assess the national framework governing production curtailments in light of the requirements of EU law. The Hellenic Republic\u2019s formal intervention in the proceedings underscores the significance of the dispute and its potentially broader implications for the national electricity market.<\/p>\n A central issue in this assessment is whether the national framework governing operational restrictions under Greek Law 4951\/2022, as amended and in force, is compatible with the requirements of Regulation (EU) 2019\/943.<\/p>\n More specifically, the question is whether the relevant national provisions and their implementation ensure compliance with the compensation rules laid down in Article 13(7) of the Regulation in cases falling within its scope.<\/p>\n Against this background, the absence of compensation raises questions of compliance with EU law and cannot automatically be regarded as lawful solely because it is provided for or applied under national legislation.<\/p>\n The broader regulatory context also includes Article 133 of Greek Law 5313\/2026, which concerns the operating support regime for renewable energy and high-efficiency cogeneration (CHP) plants operating under Contracts for Difference (CfDs), with retroactive effect from 1 June 2026.<\/p>\n The provision concerns the payment of operating support during periods of zero or negative electricity prices, subject to specific conditions where negative prices persist for more than two consecutive hours.<\/p>\n This regulatory change must, however, be distinguished from the separate issue of compensation for production curtailment. Operating support and compensation for electricity that was not injected into the grid are distinct legal matters, each requiring a separate assessment under the applicable provisions.<\/p>\n Against this background, renewable energy producers may wish to assess, depending on the factual and contractual circumstances of their investments:<\/p>\n In conclusion, case C-36\/25, whose outcome is being closely awaited, raises a critical question for the Greek renewable energy market: to what extent may national rules restrict compensation for production curtailments when EU law establishes specific safeguards for electricity producers?<\/strong><\/p>\n Our law firm provides legal support to renewable energy producers in assessing potential compensation claims arising from production curtailments and pursuing legal action, examining the compatibility of national legislation with EU law, and identifying the appropriate legal remedies to safeguard their economic interests.<\/p>\n","protected":false},"excerpt":{"rendered":" The growing wave of uncompensated curtailments of renewable energy production in Greece has become one of the most pressing issues facing renewable energy producers. The issue has both national and European legal dimensions. At the centre of this debate is the Irish Case C-36\/25 (Energia Group and Others), pending before the Court of Justice of […]<\/p>\n","protected":false},"author":6,"featured_media":7511,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[110],"tags":[],"class_list":["post-7512","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-2"],"acf":[],"yoast_head":"\n\n
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