„Trade Express-L“ (Energy - Supply of stocks of crude oil and/or petroleum products - Obligation of Member States to maintain safety stocks - Judgment) French Text [2024] EUECJ C-395/22 (30 April 2024)

„Trade Express-L“ (Energy - Supply of stocks of crude oil and/or petroleum products - Obligation of Member States to maintain safety stocks - Judgment) French Text [2024] EUECJ C-395/22 (30 April 2024)

Directive 2009/119/EC does not require Member States to maintain safety stocks for all categories listed in Regulation 1099/2008; Member States may impose obligations on operators for products unrelated to their activity, provided such obligations are proportionate and respect Charter rights.

Source-derived case information.

Citation
[2024] EUECJ C-395/22
Parties
Applicant: Trade Express-L OOD; Applicant: Devnia Tsiment AD; Respondent: Zamestnik-predsedatel na Darzhavna agentsia 'Darzhaven rezerv i voennovremenni zapasi'; Intervener: Government of Bulgaria; Intervener: Government of Netherlands; Intervener: Government of Slovakia; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Questions answered; national law not precluded by EU law or Charter, subject to proportionality assessment by national court.
Legal Topics
Directive 2009/119/ec, Obligation to Maintain Oil Stocks, Freedom of Enterprise, Right to Property, Proportionality, Charter of Fundamental Rights
EU Law Energy Law Administrative Law Directive 2009/119/ec Obligation to Maintain Oil Stocks Freedom of Enterprise Right to Property Proportionality +1 more

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Parties

Trade Express-L OOD

Applicant

Devnia Tsiment AD

Applicant

Zamestnik-predsedatel na Darzhavna agentsia 'Darzhaven rezerv i voennovremenni zapasi'

Respondent

Government of Bulgaria

Intervener

Government of Netherlands

Intervener

Government of Slovakia

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 Interpretation of Directive 2009/119/EC regarding obligation to maintain safety stocks
  2. 2 Whether Member States must maintain stocks for all categories listed in Regulation 1099/2008
  3. 3 Whether obligation can be imposed on operators for products unrelated to their business

Ratio Decidendi

Directive 2009/119/EC does not require Member States to maintain safety stocks for all categories listed in Regulation 1099/2008; Member States may impose obligations on operators for products unrelated to their activity, provided such obligations are proportionate and respect Charter rights.

Court Disposition

Questions answered; national law not precluded by EU law or Charter, subject to proportionality assessment by national court.

Orders

  • Member States are not required to maintain stocks for all categories under Regulation 1099/2008.
  • Obligation may be imposed on operators for products unrelated to their activity, subject to proportionality.