This work analyzes the legality of energy supply network divestiture as threatened by the European Commission and the legislative unbundling measures which entered into force in summer 2009, in each case on the basis of European economic regulation competences. EC competition law and the question as to whether the European Union is allowed to exercise its competence to legislate for further unbundling measures are one focus of the discussion, which relies extensively on economic evidence and reasoning. Another focus of this work is the question of whether these measures are in breach of economic fundamental rights as recognized by the European Union. This work also deals with the extent to which the implementation of these legislative unbundling measures (in particular ownership unbundling and independent system operation) complies with the constitutional frameworks of Germany, Great Britain and the Netherlands. In all the jurisdictions discussed, the distinction is made between private and public undertakings where relevant. The last part of this work then draws comparative conclusions and lessons.
Eckart Ehlers LL.M. (Leicester) Wirtschaftsjurist (Bayreuth) is a German Rechtsanwalt and (non-practising) Solicitor (England & Wales) and works in the area of regulatory compliance. During his doctoral research, he worked at Tilburg University and TILEC in the Netherlands, at the Institute of Energy and Mining Law (RUB) in Bochum (Germany) on the international and interdisciplinary project UNECOM, at ULg in Liège (Belgium) and as visiting researcher at BIICL in London. Previously, he worked for a national law firm in Birmingham (UK), as consultant in the area of corporate restructuring and for several multi-disciplinary practices in Germany.
INTRODUCTION - SETTING THE SCENE (p. 1)
CONCLUSIONS - DRAWING (COMPARATIVE) LESSONS (p. 429)
SAMENVATTING (p. 445)
BIBLIOGRAPHY (p. 453)
TABLE OF CASES (p. 481)
TABLE OF LEGISLATION (p. 493)
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