Azienda Agro-Zootecnica Franchini Sarl v. Regione Puglia

Summary:

Applicants sought reference for a preliminary ruling as to whether Italy’s national legislation prohibiting the construction of wind turbines in a national park is consistent with EU’s energy policy, which promotes renewable energy to combat climate change and comply with the Kyoto Protocol. The court found no evidence that the prohibition hindered renewable energy production at the national or regional level and thus determined that the prohibition was consistent with EU energy policy goals.

At Issue: Challenge national legislation prohibiting wind turbines in a national park as inconsistent with EU energy policy