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Belgium / Council State / 237.860

Non profit organisation ‘Touche pas à mes certificats verts’, François Régis, Warin Christian v the Walloon Region

Deciding Body type:
National Court/Tribunal
Deciding Body:
Council of State
Decision date:

Key facts of the case: 

The requesting party requested the annulment of a Ministerial Decree of 2 October 2014 regulating electricity produced by renewable sources of energy. Before the adoption of the Ministerial Decree, owners of small solar panel installations received a number of green certificates which they could sell for a fixed amount. The Ministerial Decree changes this to a variable amount.  In its third plea, the requesting party alleged violation of Directive 2009/28/CE on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC combined with Articles 20 and 21 of the Charter of Fundamental Rights of the European Union.

Outcome of the case: 

The Council of State rejected the third plea by considering that neither Directive 2009/28/CE nor articles 20 and 21 of the Charter prevent the Walloon Region from adopting such a Ministerial Decree.