Globula a.s v European Commission [2013] EUECJ T-465/11 (06 September 2013)

Globula a.s v European Commission [2013] EUECJ T-465/11 (06 September 2013)

The procedural and substantive changes introduced by Article 36 of the Third Gas Directive form an indivisible whole and cannot be applied retroactively. The Second Gas Directive applies to the present case, and the Commission's contested decision must be annulled.

Source-derived case information.

Citation
[2013] EUECJ T-465/11
Parties
Applicant: Globula a.s.; Respondent: European Commission; Intervener: Czech Republic
Jurisdiction
European Union
Judgment Date
06 September 2013
Procedural Posture
Annulment Action / Final Judgment
Outcome
contested decision annulled
Legal Topics
Directive Interpretation, Third Party Access, Gas Market Regulation, Procedural and Substantive Law, Retroactivity
European Union Law Energy Law Administrative Law Directive Interpretation Third Party Access Gas Market Regulation Procedural and Substantive Law Retroactivity

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Summary, issues, holding and outcome

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Parties

Globula a.s.

Applicant

European Commission

Respondent

Czech Republic

Intervener

Procedural Posture

Annulment Action / Final Judgment

Legal Issues

  1. 1 Whether the Commission applied the correct procedural and substantive law in its decision
  2. 2 Whether the Third Gas Directive could be applied retroactively to pending procedures
  3. 3 Whether the contested decision should be annulled

Ratio Decidendi

The procedural and substantive changes introduced by Article 36 of the Third Gas Directive form an indivisible whole and cannot be applied retroactively. The Second Gas Directive applies to the present case, and the Commission's contested decision must be annulled.

Court Disposition

contested decision annulled

Orders

  • Annuls Decision C (2011) 4509 of the Commission of 27 June 2011
  • Orders the European Commission to bear its own costs and to pay those incurred by Globula a.s.