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This article seeks to clarify the nature and role of the principle of neutrality enshrined in art.345 TFEU with respect to the regulatory powers of Member States to nationalise or privatise property. A clarification of the impact of the principle on regulatory powers of Member States is particularly important in areas that come close to the core of national sovereignty. Therefore, the focus is on the energy sector and the question whether the influence of the principle is determined by the significance of the interests at stake. Considering the use of the concept of neutrality in EU law, its place within the overall EU competence structure and its use in legislative practice and case law, the article argues that the principle has different functions and provides a balancing tool in the determination of the boundaries of the regulatory powers of Member States.
