1.

Must Article 41(1)(a) and (6) of Directive 2009/73/EC (1), in conjunction with Article 17(1) of Regulation (EU) 2024/1789 (2) (formerly Article 13(1) of Regulation (EU) No 715/2009), be interpreted as meaning that the national legislature, in transposing Article 41(1) and (6) of Directive 2009/73/EC, in conjunction with Article 17(1) of Regulation (EU) 2024/1789, must clearly determine, as regards the methodologies to be approved or fixed for calculating the transmission tariffs, whether

2.

If the answer to Question 1 is that the national legislature must, in transposing Article 41(1)(a) and (6)(a) of Directive 2009/73/EC, opt for one of the abovementioned variants (a) or (b): Must Paragraph 69(2) of the Gaswirtschaftsgesetz 2011 (Law on the gas industry 2011) be brought into line with the abovementioned provisions of EU law if that provision provides that the regulatory authority is to ‘periodically approve, by way of decision, the methodologies submitted by the transmission system operator (TSO) either upon request of the transmission system operator or ex officio’?

3.

If the answer to Question 1 is that no definitive choice of model needs to be made by the national legislature: Is a provision of national law which allows the regulatory authority, despite a request submitted by the TSO for the approval of a methodology, to nevertheless fix ex officio and with final effect a different methodology from that requested by the TSO, where the regulatory authority considers the methodology submitted by the TSO and already modified at its request not to be capable of approval, compatible with the aforementioned provisions of EU law, in the light of Article 41(1)(a) and (6)(a) of Directive 2009/73/EC?

4.

Is a provision of national procedural law (regard being had to the relevant case-law of the supreme courts issued in this regard) compatible with EU law if it requires that a court reviewing, in appeal proceedings, a decision of a regulatory authority within the meaning of Article 41(1) and (6) of Directive 2009/73/EC must rule on the substance of the case itself, both where the facts relevant to the decision have been established and where they have not, including by substituting (its) regulatory discretion for that of the regulatory authority?