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International Law Office

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ILO publishes a series of legal Newsletters which provide expert legal commentary in the form of concise, regular news updates. The Newsletters are written in collaboration with over 500 of the world's leading experts and cover more than 100 jurisdictions.

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The Argentine electricity sector comprises generation, transport and distribution services, which are carried out by companies and state-owned enterprises. Investment is required to satisfy demand for electricity, which has increased over the last decade. To address a fall in private investment, the government has launched special schemes to increase generation and improve transport and distribution facilities.


The draft Energy Infrastructure Act contains relevant rules of procedure in relation to the country's obligation to meet EU regulations regarding the development and modernisation of a trans-European energy infrastructure. However, apart from a new concept of construction bans, the draft contains no substantial novelties. Therefore, it remains to be seen whether the changes will actually expedite proceedings.


The Supreme Court recently ruled on the unbundling cases of three Dutch energy companies: Essent, Eneco and Delta. The court ruled that the provisions for the mandatory unbundling of network operators as laid down in the Electricity Act and the Gas Act are compatible with EU law – in particular, Article 63 of the Treaty on the Functioning of the European Union.


The main opposition party, PiS (Law and Justice), has proposed a moratorium on the construction of wind farms. The likelihood of this being introduced before the parliamentary elections in October 2015 is slim. However, as PiS could find itself in a strong position in Parliament after the elections, the possibility of legal intervention regarding the construction of new wind farms cannot be excluded.

A bill before Parliament proposes new rules on the location of renewable energy sources (RES) and the commissioning of wind turbines. Under the bill, the permitted locations for RES plants would be determined on the basis of a local zoning plan, or a planning permit where no such plan exists, and permits for use would be required before wind turbines could start to operate.

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