EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

one) as a long-term investment project that involves risk assessment – including “prospects which could reasonably be envisaged” ( E.ON Ruhrgas AG and E.ON AG v Commission judgement , 2012, para 147). Therefore – given the current state of scientific knowledge – in the medium-term perspective blending of hydrogen into the natural gas could stop. As opportunities will open up (with regard to the legal regulation of permitting processes – in the field of renewable energy sources – e.g., on-shore and off-shore wind) and subsequent power utilisation – through power-to-gas/hydrogen based technologies and hydrogen pipelines. The forthcoming legislation includes inter alia Proposal for a Regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (European Commission, 2021b) and Proposal for a Directive of the European Parliament and of the Council on common rules for the internal markets in renewable and natural gases and in hydrogen. (European Commission, 2021c) 5. Conclusion Social paradigm shifts in the environmental or (geo)political field have historically been reflected in regulations and in my view, this will continue to be the case in the future – including with regards to the legal interpretation by the courts. Given the significant society-wide impact of the energy sector on people’s lives and nature, a deepening and broadening of regulation can be assumed – including the acceleration of approval processes, while maintaining safety and environmental impact assessments. In the case of major projects such as Nord Stream 2, it is also essential that strategic planning covers the monitoring of trends in society, local communities, and critical infrastructure protection along with new developments in environmental research. After all, they may be directly or indirectly affected by the project and its positive or negative impacts may form the basis for future legislation or legal interpretation. To conclude, climate change forms the setting for a planet-wide solution based on science and policy adaptation. Regarding the climate risks, climate protection will further gain an essential role in strategic decision-making of international organizations, states, and companies. As the English saying goes: “When the going gets tough, the tough get going.”

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