European Union: Energy Law

Germany's Federal Government has introduced a draft bill that explicitly places fusion facilities—including laser fusion plants—under the Radiation Protection Act rather than the more stringent Atomic Energy Act.

The European Patent Office's Technical Board of Appeal examined whether an energy optimization system for facilities participating in capacity market programs involves patentable technical features. The Board considered whether optimizing resource allocation based on dispatch probability, raw baselines, and CMP-specific constraints constitutes technical innovation or merely financial optimization driven by contractual obligations and profit maximization.

Ireland's electricity demand is surging due to data centres and digital infrastructure, yet nuclear energy remains legally prohibited despite growing European support and technological advances.

Ireland is implementing a new Building Energy Rating (BER) system from 24 May 2026, introducing zero emissions building categories and simplified certification scales.

Portugal introduces new mechanisms to enhance flexibility in renewable energy grid capacity allocation, allowing technology changes, capacity splits, and regulated assignments. The decree-law creates pathways for optimizing injection capacity through hybridization, aggregation, and exchange mechanisms, though implementation faces technical assessment challenges and interpretative uncertainties.

Finland's land use planning system is undergoing a major overhaul with the proposed Land Use Act, introducing significant changes to regional plan authority, planning processes, and renewable energy project requirements. The reform aims to streamline administrative procedures while imposing new distance requirements for wind turbines and planning obligations for solar power plants that will fundamentally reshape how developers approach renewable energy projects.

The High Court granted an application to enforce an adjudicator's decision in BMC Renovation Ltd ("contractor") v Gael Property Investments Ltd ("employer") [2026] IEHC 195 (PDF 328KB).

As the Grids Package progresses through the legislative process, we consider the proposed legislation in our briefing: EU Grids Package: Legislative proposals before Council and Parliament.

The European Commission published guidance on adapting Natura 2000 sites to climate change on 25 March 2026. The guidance is directed to Member States, Natura 2000 site managers and environmental authorities.