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Brussels, 5 June 2008

Commission brings actions before Court of Justice against several Member States for incorrect transposal of Electricity and Gas Directives

The European Commission today decided to bring an action before the Court of Justice against Belgium for failure to transpose correctly into its national legislation the provisions of the Directives[1] on the internal electricity and gas markets. It also decided to bring an action against Poland for incorrect transposal of the Electricity Directive. This decision comes a month after decisions to refer Sweden and Greece to the Court for incorrect transposal of the Electricity and Gas Directives and to address a reasoned opinion to Hungary for incorrect transposal of the Electricity Directive.

The Commission is maintaining its campaign to ensure that the Electricity and Gas Directives have been transposed correctly into national legislation, so bringing about a genuinely competitive energy market in Europe.

Since starting in 2006, this activity has cut certain infringements and only a few problem areas remain. These involve non-compliance with various aspects of the two Directives, including:

  • failure to appoint gas and electricity distribution network managers, or to ensure legal separation in the electricity sector;
  • failure to notify exemption from provisions on new gas installations;
  • lack of means of appeal against refusal of access to the electricity network on technical grounds;
  • lack of ex-ante approval by regulators of the method for determining tariffs in the electricity sector; and
  • preferential and discriminatory access in the electricity sector, and access to the gas network negotiated by third parties.

The Commission has also addressed a letter of formal notice to Bulgaria regarding the electricity sector.

[1] 2003/54/EC and 2003/55/EC

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