CASE COMMENTS: ENERGY – ELECTRICITY – INTERNAL MARKET – ELECTRICITY GENERATING INSTALLATIONS ESSENTIAL TO THE OPERATION OF THE ELECTRICITY SYSTEM – OBLIGATION TO SUBMIT TENDERS ON THE NATIONAL ELECTRICITY EXCHANGE MARKET – DISPATCHING AND BALANCING SERVICE – PUBLIC SERVICE OBLIGATIONS

Energy – Electricity: The Court of Justice holds that European law must be interpreted as not precluding national legislation which imposes on operators which own installations are considered to be essential in order to meet the requirements of the demand for electricity of dispatching services, the obligation to submit bids on the national electricity markets in accordance with conditions pre-determined by the national regulatory authority (Enel Produzione)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 21 December 2011, Enel Produzione, case C-242/10 The gradual liberalisation of markets often raises the issue of the particular constraints on incumbent operators. Indeed, the latter, showing a keen competitive will, very often challenge legislation which seeks to impose significant obligations on them. Such is the case of the dispute between Enel and AEEG, the Italian energy regulator. At the origin of the question referred to the Court of Justice of the European Union for a preliminary ruling is national legislation requiring producers of electrical energy with installations essential to the operation of the network to comply, when making offers

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Hubert Delzangles, Sébastien Martin, Energy – Electricity: The Court of Justice holds that European law must be interpreted as not precluding national legislation which imposes on operators which own installations are considered to be essential in order to meet the requirements of the demand for electricity of dispatching services, the obligation to submit bids on the national electricity markets in accordance with conditions pre-determined by the national regulatory authority (Enel Produzione), 16 February 2012, Concurrences N° 1-2012, Art. N° 42336, pp. 206-208

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