Parafiscal charges and contributions to general electricity networks: a legal analysis of its nature under the scope of Directive 2003/96 and the EU State aids regime

In Europe electricity networks must now be operated by separate entities from the suppliers of electricity. The importance of these entities is crucial: they influence the distribution of costs that can impact the electricity prices and they play a significant role in the allocation of the system’s costs to the different types of consumers. Although there are common structures across the EU, many variations still exist in the legal organization, regulatory policies and pricing schemes. While MBIs are involved in the use of the general electricity networks must be in compliance with the State aid law, this chapter aims to review the parafiscal charges, fiscal instruments and other contributions to the electricity networks implemented in the EU Member States. This is to clarify its categorisation under the scope of the Energy Taxation Directive (directive 2003/96) and with regard to EU State aid regime. To this end, the legal framework is considered in the light of settled ECJ case-law.