Updated: July 23, 2012 (Initial publication: July 15, 2012)

Breaking news

By judgment of 12 July 2012, the Belgian Constitutional Court confirms the jurisdiction of the regulator of energy to provide the rate of injection into the electricity transmission network

http://www.thejournalofregulation.com/spip.php?article1549

In Belgium, in December 2008, the Flemish Region issued a decree tariffing the injection into the electricity in the distribution network. The Belgian Energy regulator, the "Commission de Regulation de l’Electricité et du Gaz" (CREG – Belgian Regulatory Commission for Electricity and Gas), which has federal jurisdiction, challenged this Decree in the Constitutional Court; the regulator considered that the Region has no jurisdiction to establish such a tariff. By the decision of July 12, 2012, the Court gives reason to the regulator and cancels the order adopted by the Region, stating the need for a federal jurisdiction to adopt such tariff, in this case the jurisdiction of the regulator.

 

To read the decision analysis by Paul Champy, Senior Editor, click here.

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