Technological neutrality in EU Hydrogen Regulation : An Assessment of Commission Delegated Regulation (EU) 2025/2359

Abstract

Abstract

Hydrogen plays an important role in the European Union’s climate and energy policy, particularly in sectors where direct electrification is difficult. While renewable hydrogen remains in the EU’s long-term priority, low-carbon hydrogen is recognized as a worth considering option. Commission Delegated Regulation (EU) 2025/2359 establishes the methodology for assessing greenhouse gas emissions savings from low-carbon fuels and is therefore central to the legal framework governing low-carbon hydrogen. This thesis applies a doctrinal legal research method. It examines the methodology laid down in Commission Delegated Regulation (EU) 2025/2359 from the perspective of technological neutrality. The main research question is to what extent is the methodology consistent with the principle of technological neutrality in EU energy law. The thesis examines the regulatory framework within which the Commission Delegated Regulation (EU) 2025/2359 was adopted. The principle of technological neutrality and its application in the case law of the Court of Justice of the European Union are analysed, followed by an examination of the Commission Delegated Regulation (EU) 2025/2359 and the methodology it establishes. According to the principle of technological neutrality, legislation, regulation and public procurement should neither favour nor discriminate against any particular technology. This thesis introduces a test for assessing whether a legislative measure is technologically neutral under EU law. The Commission Delegated Regulation (EU) 2025/2359 can be considered technologically neutral, as it does not favour specific production pathways.