1. early December PGNIG S. A. with the support of the Polish government appealed to the European Court of Justice in Luxembourg, the decision of the European Commission, adopted on October 28, with the exception of the pipeline OPAL of the use of so-called rules of third party access (Yes, really the complaint filed by the daughter of PGNIG, acting on the territory of Germany).
at the same time the company filed with the EU request the immediate suspension of the entry into force of the decision EC (it had effect from 1 January 2017), stating that on its basis the German regulator energy market (Bundesnetzagentur) already takes decisions favorable for the Russian “Gazprom”.
the Declaration also paid attention that, despite the passage of more than a month since the decision EC in respect of the pipeline OPAL, she was not in the public domain, moreover, despite all the efforts of PGNIG, the Commission does not want to provide it, claiming what “clean” it with sensitive commercial information.
2. we only Recall that on October 28 EC decided on the basis of which Russian Gazprom will be able to use up to 80% (still have him consent to the use of 50%) the capacity of the pipeline OPAL running in Germany on the Polish Western border.
Pipeline OPAL – exploration running through the Baltic Sea Russian-German Nord Stream pipeline 1 with a capacity of 36.5 billion m3 (and therefore more than passes through Poland pipeline Jamalski, capacity of 33 billion m3), Gazprom may deliver gas to the South of Europe.
As was claimed by the Russians, the current existing restrictions on the use of the pipeline OPAL does not allowed them to fully use both lines of the Nord Stream pipeline-1 with a capacity of 55 billion m3 (the average, according to EC it is used in 50%).
EC arguing orally is a controversial decision, stated that it will improve the competitiveness on the European gas market, although the naked eye can see that at the same time it causes an increase in dependence on supplies of Russian gas to Europe.
3. PGNIG and the Polish government made within EC the decision on the possibility of Gazprom to use up to 80% of the capacity of Opal gas pipeline is blatantly contrary to the European legislation (primarily III a package of energy) and shows that for its implementation, in EU equal and those who are more equal than others (in this case the Germans, who resolution is an exception to this pipeline).
What’s more it nieopublikowanie in a situation where on its basis the German market regulator Bundesnetzagentur energy has already signed in late November an agreement with Gazprom, Gazprom Export, and OPAL Gastransport GmbH on exemption of the owners of the pipeline OPAL with a commitment to the application of EU legislation on third party access, is an event unprecedented in the history of EU.
4. however, the first success PGNIG and the Polish government in this unequal dispute with the Commission, because, as you said yesterday, dealing with energy portal BiznesAlert.pl., The court of the European Union decided that by the time of consideration of the complaint of the Polish company, the solution EC must not be executed.
In this situation should not be included because of the contract signed with the Russian German energy market regulator, even though the Germans were in a hurry and wanted her to start to act before the end of this year.
of Course, this is the first decision EU does not mean PGNIG argument with EC will be solved smoothly on your site, but is a good signal that not only the size and economic potential of member countries, decides, who has EU right.
We, therefore, hope that the judges in EU familiar with a well-documented complaint PGNIG solution EC and that, ultimately, the outcome will decide the arguments on the merits, not the political position of countries in a dispute with the Committee.
ansa/REUTERS
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