CASE COMMENT: REGULATORY - ELECTRICITY - INTERCONNECTIONS - ACCESS

Electricity: The ECJ rules that booking of interconnection capacities is contrary to EC law (SEP)

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Privileged access to interconnectors: Unless a derogation is granted by the Commission, a reservation of capacity is incompatible with Community law.

ECJ, 7 June 2005, Vereniging voor Energie, Milieu en Water a. o., case C-17/03 Reference has been made to the Court of Justice of the European Communities for a preliminary ruling on the advantages granted to incumbent operators, for the first time, for access to interconnection infrastructure between States, on the basis of multiannual electricity supply contracts. In a dispute between three electricity distributors and the national transmission system operator before a Netherlands court, the applicants alleged that, in a context of congestion of the cross-border transmission network, the latter had, as a matter of priority, allocated interconnection capacity, and therefore ultimately electricity import capacity into the Netherlands, to the undertaking entrusted with services of

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Jean-Paul Tran Thiet, Electricity: The ECJ rules that booking of interconnection capacities is contrary to EC law (SEP), 7 June 2005, Concurrences N° 3-2005, Art. N° 1116, pp. 129-130

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