Interpretation of case C-17/03 - between a categorical prohibition or a case-to-case approach
Article from: OGEL 2 (2006), in Electricity Interconnectors
Introduction
The previous article discussed the ECJ judgement in case C-17/03. The judgement confirmed that legacy rights, - rights deriving from the pre-liberalisation era[1] - are not always compatible with today's regulation.[2] Quite recently, in the end of April 2006, the EC Commission published it's staff working paper on the effects of this judgement.[3] The Commission interprets the judgement as prohibiting preferential access rights to interconnectors because " the grant to an undertaking of preferential transmission or distribution capacities must be considered as being ...