The General Court of the European Union has annulled the May 2021 decision of the Board of Appeal of the ‘European Union Agency for the Cooperation of Energy Regulators’ (ACER) validating a November 2020 ACER decision (30/2020) on cross-border cost sharing in the event of congestion on the electricity market, in a judgment handed down on Wednesday 25 September (cases T-446/21, T-472/21, T-476/21, T-482/21, T-484/21 and T-485/21).
French, German and Polish national electricity market regulators and electricity transmission system operators (TSOs) are seeking the annulment of the decision of ACER’s Board of Appeal confirming ACER’s decision establishing a common methodology for cross-border cost sharing related to mechanisms (redispatching) designed to relieve congestion on the electricity market.
By its judgment, the General Court finds that, as argued by the applicants, the threshold set by ACER for loop flows, in order to determine the part of the costs covered by the allocation mechanism, does not comply with the regulation (2015/1222) establishing a guideline on capacity allocation and congestion management.
However, the General Court rejects the pleas put forward relating to the legality of the scope of the contested cost sharing methodology.
See the European General Court judgment: https://aeur.eu/f/dke (Original version in French by Mathieu Bion)