C-379/98 Preussen Elektra [2001] ECR I-2099

Energy suppliers were forced, by German law, to buy energy from renewable energy producers in Germany at a minimum price that was considerably higher than the cost of buying from non-renewable energy producers.

It was acknowledged by ECJ and AG that this was contrary to Article 28 (as stating that a certain proportion of energy must be bought from national producers reduces the scope for imports), and the real question was whether a defence under Article 30 could be made out.

ECJ held that the desire to promote renewable energy was was a defence under Article 30.

• This is because Article 6 EC says that environmental protection requirements must be integrated into the definition and implementation of EU policies, and makes environmental protection a general principle of EU law.