Case C‑277/22
Global NRG Kereskedelmi és Tanácsadó Zrt.
v
Magyar Energetikai és Közmű-szabályozási Hivatal
(Request for a preliminary ruling from the Fővárosi Törvényszék)
Judgment of the Court (Eighth Chamber) of 25 January 2024
(Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union)
Approximation of laws – Measures of approximation – Common rules for the internal market in natural gas – Directive 2009/73 – Obligation for Member States to prescribe suitable redress mechanisms in respect of decisions of a national regulatory authority – Right of appeal for parties affected by such a decision – Decision fixing the usage charges and connection fees for the natural gas transmission system in addition to the remuneration for any services provided by the system operator – National legislation limiting the status of party affected by such a decision to the system operator alone – Not permissible
(Charter of Fundamental Rights of the European Union, Art. 47, first para.; European Parliament and Council Directive 2009/73, recital 33 and Arts 41(1)(a), (6)(a), (10) and (17))
(see paragraphs 18-26, 31, operative part)
Approximation of laws – Measures of approximation – Common rules for the internal market in natural gas – Directive 2009/73 – Obligation for Member States to prescribe suitable redress mechanisms in respect of decisions of a national regulatory authority – Direct effect – Obligations and powers of the national courts – Non-application of national provisions to the contrary
(European Parliament and Council Directive 2009/73, Art. 41(17))
(see paragraphs 27-30)