Rozwój zasady solidarności energetycznej w orzecznictwie Trybunału Sprawiedliwości
Development of the principle of energy solidarity in the jurisprudence of the Court of Justice

Summary/Abstract: The author aims to present, based on the available jurisprudence, the development of the principle of energy solidarity expressed in Article 194 TFEU. This principle was introduced into EU Primary Law with the entry into force of the Treaty of Lisbon over a decade ago. During this period, EU courts rarely referred to this principle. Therefore, the case-law relating to it should be regarded as not comprehensive. Given the above, the author in this article analyzes two judgments based on which the principle of energy solidarity was raised. First, the CJEU judgment of 20 December 2017 in the case of Eni SpA, Eni Gas & Power France SA, Uprigaz p. Premier minister, Ministre de l’Environnement, de l’Energie et de la Mer, sign. C-226/16, where the Opinion of Advocate General P. Mengozzie is of key importance. Secondly, he analyzes the CJEU judgment of 20 September 2019 in the OPAL case, the Republic of Poland v. the Commission, sign. T-883/16. The analysis of both above-mentioned cases raises the conclusion that this is only the initial stage of the development of the principle of energy solidarity. There are still many unknowns that might be subject to further rulings. Having that in mind, the author indicates in the summary, that there are cases currently pending before the CJEU which might be important for the further development of the principle of energy solidarity. Unfortunately at this stage, a detailed analysis is not yet possible, since no final rulings have been issued.

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