ABSTRACT
This chapter examines the Court’s interpretation and application of the provisions on free movement of capital in the energy sector and lays stress on the contextual setting in which its decisions have been adopted. Accordingly, the chapter addresses the following issues: (1) the types of exception the Court has accepted as justifications for restriction on free movement of capital in the energy sector, and the circumstances in which it has done so; (2) whether the Court’s reasoning in the judgements can be seen to have been affected by (ongoing) developments in the energy sector; and (3) the role and impact of the Court’s interpretation and application of the articles on free movement of capital in the energy sector context with regard to energy market liberalisation.
