The General Court of the European Union has declared inadmissible the actions of Nord Stream and Nord Stream 2, owned by the Russian gas company Gazprom, seeking the annulment of Directive 2019/692, which extends certain rules for the internal market in natural gas to pipelines from non-Member States, in orders made on Wednesday 20 May (cases T-526 & 530/19).
The Swiss companies Nord Stream (which operates the Nord Stream 1 pipeline transporting gas between Russia and Germany) and Nord Stream 2 (which is building and will operate the Nord Stream 2 pipeline parallel to Nord Stream 1) are seeking the annulment of Directive 2019/692 amending Directive 2009/73 governing the market in natural gas.
In force since 23 May 2019, this amending directive requires operators to unbundle transmission networks from their operators and introduces non-discriminatory access to pipelines for third parties (see EUROPE 12193/16).
The Swiss companies claim negative consequences on their organisational structure, the financing of their activities and the gas transport agreement with Gazprom.
With its orders, the General Court has dismissed the actions, holding that the two undertakings are not directly affected by the amending directive. In its view, these are or will be subject to the amended Directive 2009/73 only through national measures transposing EU rules, for which Member States have discretionary powers. In addition, the General Court notes that national regulatory authorities may grant derogations from Directive 2009/73 concerning new gas infrastructure and gas transmission pipelines between Member States and non-Member States completed before 23 May 2019.
At that time, the work for the concrete covering of the Nord Stream 2 pipeline pipes was 95% complete, according to Nord Stream 2 AG.
The General Court adds that Nord Stream 2 will be able to apply to the German regulator for an exemption and, if necessary, challenge the decision before a German court. The latter may then refer the question on the validity of the amending directive to the General Court. (Original version in French by Mathieu Bion)