Economics in judicial reasoning in the energy sector before the Court of Justice of the European Union

Abstract This article examines the role and usage of economics in the judicial reasoning in energy law, situating its analysis within the broader context of international economic law. Using European Union energy law, and in particular, the case-law from the Court of Justice of the European Union as an illustrative example, the article shows how the interpretation and application of energy law are conceptually and theoretically grounded in economics and demonstrates what that means for energy law as a discipline. This economic orientation not only reflects the deep integration of energy markets into the international economic order but also exposes how such foundations condition the law’s capacity to respond to global challenges, including climate change and energy crises. Two broader implications follow: first, that the economic orientation of energy law challenges traditional legal expertise and the way lawyers are trained; and secondly, that it influences how law mediates between economic activities and urgent societal imperatives. By uncovering these dynamics, the article contributes to understanding of the foundations of energy law and how law structures the decisional space of institutions tasked with steering the global energy transition.