The independence of national regulatory authorities in EU energy law : recent developments in the case-law of the Court of Justice of the European Union

EU energy law requires that energy regulators are independent. They must be able to exercise their powers impartially and without interference by public or private entities or any government or other political entities. The independence is required to ensure compliance with EU rules and long-term stability of the energy sector, particularly for electricity and gas. Regulators are responsible for carrying out an extensive list of tasks, which relate to energy companies and consumers, enforcing compliance with legislation and cooperating with the EU and other Member States as well as energy market actors. Since 2021, the Court of Justice of the European Union (the Court) has delivered three cases that clarify the scope of the independence requirement in relation to setting network tariffs.