The European Commission referred Germany and Hungary to the European Court of Justice (ECJ) on Thursday 19 July for failing correctly to implement the third EU legislative package on liberalising energy markets.
Germany has incorrectly implemented the gas and electricity directives, failing to ensure full respect of the rules on the powers and independence of the national regulatory authority.
In the Commission’s view, the German regulator does not enjoy full discretion in the setting of network tariffs and other terms and conditions for access to networks and balancing services, since many elements for setting these tariffs and terms and conditions are to a large extent laid down in detailed regulations adopted by the Federal government.
The Commission says, furthermore, that Germany has incorrectly transposed into national law several requirements concerning the independent transmission operator unbundling model.
A letter of formal notice was sent by the Commission to Germany in February 2015, followed by a reasoned opinion in April 2016.
Hungary has incorrectly implemented requirements energy network tariffs, after the Commission found that Hungarian law excludes certain types of costs from the calculation of network electricity and gas tariffs, in violation of the principle of cost-recovery of tariffs provided for in the electricity and gas regulations.
The Commission also found that Hungary had adopted amendments to its energy legislation which jeopardise the right of market operators to a full judicial review of the national regulator’s decisions on network tariffs.
The Commission sent Hungary a letter of formal notice on these issues in February 2015, and two reasoned opinions, one in December 2016 and the other in April 2017. (Original version in French by Emmanuel Hagry)