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29 May 2008
Issue: 7323 / Categories: Legal News , Environment , Property
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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
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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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