Energia Group Holdings (ROI) DAC & ors v The Commission for Regulation of Utilities GR Windfarms 1 Ltd & ors v Commission for Regulation of Utilities (Approved) [2025] IESC 1 (21 January 2025)

Energia Group Holdings (ROI) DAC & ors v The Commission for Regulation of Utilities GR Windfarms 1 Ltd & ors v Commission for Regulation of Utilities (Approved) [2025] IESC 1 (21 January 2025)

The Supreme Court finds that the interpretation and effect of Article 13(7) of Regulation (EU) 2019/943, including its direct effect, scope of compensation, and criteria for 'unjustifiably low or unjustifiably high compensation', are not clear and require determination by the Court of Justice of the European Union. The questions referred address whether full compensation is required, the meaning of compensation criteria, differential treatment based on priority dispatch, direct effect, and the scope of compensation for losses under CPPAs.

Citation
[2025] IESC 1
Parties
Applicants/respondents: GR Wind Farms 1 Limited and Others; Applicants/respondents: Energia Group Holdings (ROI) DAC and Others; Respondent/appellant: The Commission for Regulation of Utilities; Notice Party: Eirgrid PLC; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
21 January 2025
Procedural Posture
Judicial Review Appeal / Order for Reference to CJEU
Outcome
Reference to the Court of Justice of the European Union for preliminary ruling under Article 267(3) TFEU
Legal Topics
Electricity Market Regulation, Redispatch Compensation, Direct Effect of EU Regulations, Priority Dispatch, Corporate Power Purchase Agreements
European Union Law Energy Law Administrative Law Electricity Market Regulation Redispatch Compensation Direct Effect of EU Regulations Priority Dispatch Corporate Power Purchase Agreements

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Parties

GR Wind Farms 1 Limited and Others

Applicants/respondents

Energia Group Holdings (ROI) DAC and Others

Applicants/respondents

The Commission for Regulation of Utilities

Respondent/appellant

Eirgrid PLC

Notice Party

The Attorney General

Notice Party

Procedural Posture

Judicial Review Appeal / Order for Reference to CJEU

Legal Issues

  1. 1 Interpretation and effect of Article 13(7) of Regulation (EU) 2019/943
  2. 2 Whether Article 13(7) requires full compensation for redispatch
  3. 3 Meaning of 'unjustifiably low or unjustifiably high compensation'

Ratio Decidendi

The Supreme Court finds that the interpretation and effect of Article 13(7) of Regulation (EU) 2019/943, including its direct effect, scope of compensation, and criteria for 'unjustifiably low or unjustifiably high compensation', are not clear and require determination by the Court of Justice of the European Union. The questions referred address whether full compensation is required, the meaning of compensation criteria, differential treatment based on priority dispatch, direct effect, and the scope of compensation for losses under CPPAs.

Court Disposition

Reference to the Court of Justice of the European Union for preliminary ruling under Article 267(3) TFEU

Orders

  • Questions referred to CJEU regarding interpretation and effect of Article 13(7) Regulation (EU) 2019/943
  • Request for priority handling by CJEU