On Tuesday 10 September, the EU Court decided, in a judgment (T-883/16 - Poland v Commission), to annul the Commission's decision approving the amendment of the derogatory regime for the operation of the OPAL gas pipeline. For the Court, this decision was adopted in breach of the principle of energy solidarity (see also EUROPE B11835A19).
Poland asked the Court to annul the 2016 decision on the grounds that the granting of a new derogation for the OPAL gas pipeline “threatens the...