Elektrorazpredelenie Yug (Opinion) French Text [2019] EUECJ C-31/18_O (16 May 2019)

Elektrorazpredelenie Yug (Opinion) French Text [2019] EUECJ C-31/18_O (16 May 2019)

The decisive criterion for distinguishing between electricity transport and distribution networks under Directive 2009/72/EC is the voltage level and the function of the network, not the ownership of assets. Member States cannot introduce additional criteria that would undermine the Directive's objectives. National...

Source-derived case information.

Citation
[2019] EUECJ C-31/18_O
Parties
Applicant: Elektrorazpredelenie Yug EAD; Respondent: Komisia za energiyno i vodno regulirane (KEVR); Intervener: BMF Port Burgas EAD
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion delivered; preliminary questions answered as proposed by Advocate General.
Legal Topics
Electricity Market, Directive 2009/72/ec, Network Access, Distribution Vs Transport Networks, Criteria for Network Classification
European Union Law Energy Law Electricity Market Directive 2009/72/ec Network Access Distribution Vs Transport Networks Criteria for Network Classification

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Parties

Elektrorazpredelenie Yug EAD

Applicant

Komisia za energiyno i vodno regulirane (KEVR)

Respondent

BMF Port Burgas EAD

Intervener

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether the sole criterion distinguishing electricity distribution and transport networks under Directive 2009/72/EC is voltage level.
  2. 2 Whether Member States may introduce additional criteria such as ownership of assets for network classification.
  3. 3 Whether national provisions reserving distribution to network owners are compatible with EU law.

Ratio Decidendi

The decisive criterion for distinguishing between electricity transport and distribution networks under Directive 2009/72/EC is the voltage level and the function of the network, not the ownership of assets. Member States cannot introduce additional criteria that would undermine the Directive's objectives. National provisions requiring distribution network operators to own the network are not per se contrary to EU law, provided they do not hinder the Directive's aims. Whether a consumer connected at medium voltage is a client of the distribution or transport network operator depends on the actual network connection, not solely on voltage or ownership.

Court Disposition

Opinion delivered; preliminary questions answered as proposed by Advocate General.