Panacea or overload? – an analysis of the latest legal developments in the EU network tariff regulation and its role in supporting the transformation to e-mobility

The paper analyzed the network tariff regulation at the EU level with a special focus on its role in supporting the transformation to e-mobility. Using traditional legal interpretation methods it shows how the complex and unsystematic legal framework can be made comprehensible and operable. The principle of cost-reflective non-discrimination is identified as the central guideline for network tariff regulation. Although there are many possible exceptions to this principle, they are not unlimited and are subject to a strict proportionality test. The paper points out that the expansion of the objectives resulting from the most recent reform of the legal text entails the risk that the legal framework will become dysfunctional due to its far-reaching mandate. Finally, the possibilities of incentivizing e-mobility through grid charges are evaluated, and the potential benefits of limiting the legal framework for network tariff regulation to its core are pointed out.