A year ago, the Flemish Parliament gave the green light for a decree that should regulate the phasing out of fuel oil boilers. In concrete terms, since 2022, fuel oil tanks may no longer be installed in new buildings. Boilers may no longer be installed in existing buildings. Existing boilers may also not be replaced by another boiler, unless there is no natural gas in the street. The underlying intention of the decree is to get people to opt for more environmentally friendly heating techniques.
But the plan ran into resistance from sector federation Brafco. That federation, like four fuel oil suppliers and a private individual who heats his home with a fuel oil boiler, went to the Constitutional Court.
According to the complainants, the ban violates the division of competences because it would amount to a ‘quasi-ban’ on heating oil boilers. According to the complainants, this would have a market-exclusive effect and would therefore fall within the competence of the federal government and not the Flemish government. However, the Constitution says that there is no market-exclusive effect and that the decree respects the division of competences.
According to the Court, the complaints about discrimination are also unjustified. Therefore, the Court dismisses the actions for annulment of the decree.