header-logo header-logo

29 May 2008
Issue: 7323 / Categories: Legal News , Environment , Property
printer mail-detail

Zero-carbon buildings startegy in doubt

News

The legality of the UK government’s strategy for zero-carbon buildings has been thrown into doubt by a European Court of Justice (ECJ)  ruling, lawyers says.

In Citiworks AG (Case C‑439/06) the ECJ ruled that a German law that permitted a monopoly for onsite power generation in certain circumstances breaches European law. The exemption, the court said, is contrary to a European Directive which requires open third-party access to energy supply systems.   

Davies Arnold Cooper partner Chris Baker says the ruling is important because in the UK a class exemption permits smaller distributed energy systems to operate outside the licensing regime and in practice to create a monopolistic supply. “While the judges did not rule on the UK exemption it does question the legality of any class exemption,” he says.

Baker says a central part of the government’s drive to a zero-carbon building industry is the use of on-site power generation through energy service companies (ESCOs). The economic sustainability of ESCO models in part depends upon service providers having some certainty of consumption. “On-site power generation is at the heart of the current sustainability in the real estate industry and if this becomes unworkable it is inconceivable that the government’s zero-carbon target can be hit,” he adds.

Issue: 7323 / Categories: Legal News , Environment , Property
printer mail-details

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
back-to-top-scroll