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[INTERNATIONAL] · Spain, Portugal · 12 sources

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EU Court upholds legality of Iberian gas price cap

The Court of Justice of the European Union (CJEU) has upheld the legality of the ‘Iberian exception,’ a mechanism implemented by Spain and Portugal during the 2022 energy crisis to limit electricity costs by capping gas prices used for power generation.

The ruling dismisses an appeal from five Spanish industrial consumers—PGI Spain, Berry Superfos Pamplona, Promens Packaging, RPC Envases, and Zeller Plastik España—who argued the mechanism was discriminatory. The companies contended that the system unfairly favored certain buyers who were exempt from contributing to the cost of the measure, while they were required to pay.

The mechanism functioned by setting a limit on the price of gas used in electricity generation and compensating fossil fuel plants for the difference. These compensations were largely funded by a contribution from wholesale electricity buyers, though exemptions were granted to those with fixed-price contracts signed before April 26, 2022.

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Court of Justice of the European Union · European Commission · PGI Spain · Portugal · Spain

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