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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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
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