The Third Legislative Package and Ownership Unbundling in the Light of the European Fundamental Rights Discourse

The old vertical structures of EC energy markets are slowly fading away. The latest attempt to move away from this model is the Commission proposal on ownership unbundling. The proposal introduces two alternative regimes. States may choose between full ownership unbundling and a mere control unbundling. Some States and their powerful energy companies have voiced concerns over the compatibility of ownership unbundling with fundamental rights and general principles of Community law. This article discusses the Commission proposal in detail. It also examines the alleged conflict between full ownership unbundling and the fundamental rights and general principles of EC law.