State aid as a means to preclude priority dispatching and guaranteed access of fossil fuels to networks in the electricity market: C-179/20 Fondul Proprietatea

The deployment of renewable energy and the transition towards the replacement of fossil fuels depends on the coherence and effectiveness of positive obligations on Member States to implement certain measures. For instance, it depends on measures such as renewable support schemes that ensure investment without distorting market-based incentives, guaranteed access to networks, carbon tax, carbon trade schemes or green financing, to list a few. Energy transition also depends on the negative obligation of Member States to any cut benefits to fossil fuels, especially if these benefits are less visible for being hidden into the technicalities of how the electricity market functions and operates.