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TGS Baltic Successful For Elering in Renewable Energy Support Cases Before ECJ

Estonia
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TGS Baltic has successfully represented Elering in two renewable energy support cases before the European Court of Justice and the Estonian Administrative Court.

According to TGS Baltic, "the disputes concerned renewable energy support, which, according to the European Commission's state aid permit, can be given without a lower offer. The explanations of the European Court in the decisions made provide legal clarity regarding which producers Elering AS may grant renewable energy support in this so-called simplified procedure."

Moreover, the firm reports that the "European Court found that in each case it is necessary to assess whether the project was at such a stage of development at the end of 2016 that it was very likely to be completed, and that the project is at such a stage of development that allows the developer to be considered an existing producer of renewable energy. In essence, this means that projects that did not have the necessary legitimate expectation to receive renewable energy support as of the end of 2016 cannot receive support under the simplified procedure."

The TGS Baltic team included Partner Triinu Jarviste and Senior Associate Vitali Sipilov.