Source: All England Reporter
Publisher Citation: [2008] All ER (D) 309 (May)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President of Chamber), Cunha Rodrigues, Klucka, Lindh (Rapporteur) and Arabadjiev
Judgment Dates: 22 May 2008

Catchwords

European Community - Freedom of movement - Services - Internal market in electricity - Open access of third parties to electricity transmission and distribution systems - Whether 'operation network' exempted from general provisions on system access - Parliament and Council Directive 2003/54, art 20(1).

The Case

Article 20(1) of Parliament and Council Directive (EC) 2003-54 (concerning common rules for the internal market in electricity and repealing Directive (EC) 96-92) had to be interpreted as precluding a provision of national law such as that at issue in the main proceedings, that exempted certain operators of energy supply systems from the obligation to provide third parties with open access to those systems, on the grounds that they were located on a geographically connected operation zone and that they predominantly served to supply the energy needs of the undertaking itself and of connected undertakings.

Practice Areas

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