The decision of the agency that unites gas transmission operators to choose a Hungarian platform to allocate gas transmission on the German-Polish border has been withdrawn on the basis of a ruling by the Court of Justice of the European Union, which is what Poland demanded. The Polish platform will replace the Hungarian one.
„On the 6th of September 2023 the Court of Justice of the European Union (CJEU) agreed with GAZ-SYSTEM’s complaint and annulled the decision of the Board of Appeal of the EU Agency for the Cooperation of Energy Regulators (ACER) from February 2020,” reports Gaz-System. „The complaint lodged by Gaz-System as the operator of the GSA platform concerned objections in connection with ACER’s conduct and evaluation of the tenders, as a result of which the agency decided to select the Hungarian RDF platform as a tool for capacity allocation at the Polish-German border,” the company said.
The Court found Gaz-System was correct. Previously, the lack of agreement and the complaint of the PRISMA platform in this case prompted the ACER Board of Appeal to choose the Hungarian platform of the RDF. In result it will be replaced by the Polish GSA. „The CJEU concluded that the Board of Appeal did not carry out a sufficiently detailed review of decision ACER 10/2019 and limited itself to assessing the obvious error committed by ACER. This was contrary to the provisions of regulation no. 2019/942 of 5 June 2019 established by ACER. As a result, the appeal procedure before the ACER Board of Appeal should be resumed, based on the complaint of GAZ-SYSTEM from October 2019. In addition, the court ordered ACER to cover the costs of legal proceedings,” Gaz – System reports.
The GSA is used to reserve capacity for gas pipelines, access to which is free and transparent in accordance with EU regulations. It also allows us to offer regasification and other services available at LNG terminals such as the one in Świnoujście.
Gaz-System / Wojciech Jakóbik