Vorgaben des EU-Binnenmarktrechts für Massnahmen zur Förderung erneuerbarer Energie und die Schweiz (Benedikt Pirker)

The Swiss Energy Strategy 2050 foresees a first phase of promoting renewable energy production directly and a second phase of using steering taxes to incentivize the consumption of electricity from renewable energy. In the aftermaths of the rejection of steering taxes in the relevant parliamentary commission, the present paper looks generally at measures to promote renewable energies, the relevance of norms of EU law and the content of those norms. The norms on customs duties, charges having equivalent effect and discriminatory or protectionist taxation, on quantitative restrictions and measures having equivalent effect, and on state aids could prove relevant. The analysis shows that with the exception of measures having equivalent effect, the case law of the EU Court of Justice and the practice by the Commission suggest that domestic systems of energy promotion must in all likelihood be open towards producers of renewable energy from other EU Member States.