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Case C-241/09: Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium)) — Fluxys SA v Commission de régulation de l’électricité et du gaz (CREG) (Reference for a preliminary ruling — Jurisdiction of the Court — Partial withdrawal by the applicant in the main proceedings — Changed legal framework — Court’s reply no longer necessary for the decision in the main proceedings — No need to adjudicate)

ECLI:EU:UNKNOWN:62009CA0241

62009CA0241

December 9, 2010
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19.2.2011

Official Journal of the European Union

C 55/8

(Case C-241/09)(1)

(Reference for a preliminary ruling - Jurisdiction of the Court - Partial withdrawal by the applicant in the main proceedings - Changed legal framework - Court’s reply no longer necessary for the decision in the main proceedings - No need to adjudicate)

2011/C 55/12

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Fluxys SA

Defendant: Commission de régulation de l’électricité et du gaz (CREG)

Re:

Reference for a preliminary ruling — Cour d’appel de Bruxelles — Interpretation of Articles 1, 2 and 18 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) and Article 3 of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (OJ 2005 L 289, p. 1) — Automatic revision of the rules for determining the total revenue of system operators in the event of the occurrence of exceptional circumstances during a regulatory period — Compatibility with Community law of a separate tariff regime for transit activities distinct from that applicable to ‘conveyance’ and storage

Operative part of the judgment

There is no need to answer the question referred for a preliminary ruling in Case C-241/09.

(1)

OJ C 205, 29.08.2009.

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