IP/09/786

Brussels, 14 May 2009

Internal market in electricity: Commission refers Slovakia to the Court

The Commission decided today to bring Slovakia before the European Court of Justice as it considers that it does not ensure non-discriminatory access to the transmission network as is foreseen by the Directive concerning common rules for the internal market in electricity^[1]. The Commission considers that third party access is a key objective for the successful operation of the European internal electricity market.

Transmission System Operators have to provide the system users with the information they need for efficient access to the system. The Slovakian Transmission System Operator gives preferential access to some market participants for the cross-border interconnectors with Poland and Hungary. Therefore the Slovak Transmission System Operator does not offer of the whole available capacity of the system to the market. Therefore access to the transmission system is not granted without discrimination. The Commission considers that Slovakia has failed to comply with articles 20(1) and 9(e) of the Directive which require non-discriminatory third party access to transmission systems by the Transmission System Operator.

^[1] Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity, OJ L 176, 15.7.2003, p.7