Enforcing the rights of energy communities

The document outlines legal and administrative pathways for Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs) to challenge Member State failures in implementing EU directives. It details EU-level options, such as infringement complaints to the European Commission and petitions to the European Parliament, alongside national remedies including ombudspersons, regulatory authority complaints, and court actions based on principles like direct effect and state liability. The guide also provides a preliminary analysis of which specific provisions of RED II and IEMD may have direct effect and examines transposition challenges in Hungary, France, and Belgium.

• Many EU Member States have failed to fully or correctly transpose the provisions for Renewable Energy Communities (RECs) and Citizen Energy Communities (CECs) despite the expiration of deadlines (31 December 2020 for IEMD and 30 June 2021 for RED II).
• Energy communities can use the EU infringement procedure by filing a complaint with the European Commission, which may lead to a formal action before the Court of Justice of the European Union (CJEU) if the Member State does not remedy the breach.
• Petitions to the European Parliament (EP) are described as a less efficient tool for forcing legislative change than Commission complaints, but they can increase the visibility of an issue and serve as a political lever.
• At the national level, energy communities can seek redress through non-judicial mechanisms, such as complaints to ombudspersons or national regulatory authorities, and judicial actions in national courts.
• The doctrine of direct effect allows individuals to enforce specific rights from an EU directive in national courts if the Member State has failed to transpose it by the deadline, provided the provisions are clear, precise, and unconditional.
• Member States may be liable to pay damages to citizens or businesses if a 'serious breach' of EU law, such as failure to transpose a directive on time, causes identifiable harm.
• In Hungary, the transposition of RED II and IEMD is criticized for framing RECs as a sub-category of CECs and limiting their activity to the electricity sector, excluding heating and cooling.
• France's transposition of CEC and REC definitions is noted for lacking restrictions on company participation, which creates a risk that large energy players may divert the system from its original objectives.
• In Belgium, energy policy is shared among three regions (Flanders, Wallonia, and Brussels-Capital), and legislative acts can be annulled by the Belgian Constitutional Court if they breach the Constitution.

APA

ClientEarth (2022). Enforcing the rights of energy communities. https://www.clientearth.org/media/hgbimxld/clientearth_legal-actions-for-energy-communities_17_10_22.pdf

Chicago

ClientEarth. Enforcing the rights of energy communities. 2022. https://www.clientearth.org/media/hgbimxld/clientearth_legal-actions-for-energy-communities_17_10_22.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Enforcing the rights of energy communities |date=October 2022 |url=https://www.clientearth.org/media/hgbimxld/clientearth_legal-actions-for-energy-communities_17_10_22.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2022enforcing, author = {{ClientEarth}}, title = {{Enforcing the rights of energy communities}}, institution = {ClientEarth}, year = {2022}, month = oct, url = {https://www.clientearth.org/media/hgbimxld/clientearth_legal-actions-for-energy-communities_17_10_22.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }