Op-Ed: “The importance of being justiciable. The Court of Justice’s ruling in OPAL pipeline (C-848/19 P) and the legal status of the principle of energy solidarity” by Theodoros G. Iliopoulos
On 15 July 2021, the judgment in OPAL pipeline (C-848/19 P) sealed the legal status of the principle of energy solidarity as a justiciable legal criterion that entails rights and obligations both for the European Union and for the Member States, the EU being ‘bound by an obligation of solidarity towards the Member States and the Member States being bound […] between themselves and with regard to the common interest of the European Union’ (paragraph 49). This Op-Ed summarises the factual background of the case, presents the judgment and expresses certain thoughts about its importance.
The Court of Justice, as an appellate body, upheld the General Court’s judgment (T-883/16) that concluded that the principle of energy solidarity, ex