Approximation of laws – Directives concerning approximation of laws – Common rules for the internal market in electricity – Directive 2003/54
(European Parliament and Council Directive 2003/54, Art. 3(2) and 11(2) and (6))
Directive 2003/54 concerning common rules for the internal market in electricity and repealing Directive 96/92 and, in particular, Article 3(2) and Article 11(2) and (6) of that directive must be interpreted as not precluding national legislation which, for the purposes of reducing the price of electricity in the interests of the end consumer and of ensuring the security of the electricity system, imposes on operators which own installations or groups of installations which are considered, on the basis of the criteria laid down by the national regulatory authority, to be essential in order to meet the requirements of the demand for electricity of dispatching services, the obligation to submit bids on the national electricity markets in accordance with conditions pre-determined by that authority, provided that that legislation does not go beyond what is necessary in order to attain the objective which it pursues. It is for the referring court to ascertain whether that condition is met.
(see para. 89, operative part)