General Court of the European Union - Judgment in Joined Cases T/684-19 and T/704-19 MEKH and FGSZ v ACER - 16 March 2022
Country
Year
2022
Summary
Energy - Regulation (EU) 2017/459 - Network code adopted by the Commission including an 'incremental capacity process' - ACER decision approving the implementation of an incremental capacity project - Plea of illegality - Lack of competence of the Commission - Article 6(11), Article 7(3) and Article 8(6) of Regulation (EC) No 715/2009
The General Court declares inapplicable the provisions of Regulation 2017/459 relating to the process for the creation of incremental capacity for gas transmission. The decision of ACER on the creation of incremental capacity for the transmission of Black Sea gas between Hungary and Austria, adopted pursuant to those provisions, is consequently annulled.