|Opis:||To ensure the free movement of goods between Member States without barriers is a fundamental principle of the European Union. Free movement of goods also includes the free movement of electricity, despite the fact that many people probably questioned the concept of electricity as goods. EU Court's case-law confirmed that the electricity commodity. Consequently, this also means that the measures restricting electricity included in the scope of the Treaty on the Functioning of the EU, governing the free movement of goods and prohibiting any action that would prevent this. In addition to ensuring the free movement of goods, is the establishment of a common energy market is one of the most important objectives of the European Union, while the European Union to establish that market efforts within the EU energy policy. In the context of energy policy, the EU, in addition to seeking to establish a common energy market, is also working to promote the use of renewable energy sources as a result of the increasing awareness of the importance of environmental protection and the dangers of climate change. Renewable energy sources are today one of the most important elements for achieving one of the most important in modern times the EU target, ie. environmental protection and combating climate change. Despite the efforts of the EU common energy market, but this goal remains a goal that has to be reached in the future. Herself EU legislation, in particular Directive 2009/28/EC on the promotion of renewable energy sources, which is currently one of the most important instruments in this field, slowing down the achievement of this objective. The Directive does allow the Member States measures that restrict the free movement of electricity, while the question of compliance of secondary legislation with EU primary law.
The company Ålands Vindkraft is a Finnish electricity generator and has applied for a green certificates for electricity generation from renewable sources in Sweden. Swedish national support scheme, which provides for the granting of green certificates for the production of electricity from renewable sources, reserves eligibility for the grant of green certificates to companies that produce electricity from renewable sources, which are located on Swedish territory. The company Ålands Vindkraft has filed a lawsuit with the Administrative Court in Linköpingen against the Swedish Energy Agency Energimyndigheten, arguing that Swedish law in that it reserves the granting of green certificates only to domestic producers of electricity from renewable sources, in breach of Article 34 TFEU and that such a measure can not be justified on the basis of environmental protection. The Administrative Court subsequently raised three key preliminary issues to the CJEU. CJEU in its judgment admittedly concluded that the national support program of Sweden to promote national production of green electricity, which is in accordance with Directive 2009/28/EC, it is a measure having equivalent effect to a quantitative restriction, but It pointed out that the measure is justified on the ground of environmental protection. CJEU is thus directly discriminatory measure apology on the basis of mandatory requirements and not on the basis of 36 TFEU.|