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Case C-277/22, Global NRG: Judgment of the Court (Eighth Chamber) of 25 January 2024 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Global NRG Kereskedelmi és Tanácsadó Zrt. v Magyar Energetikai és Közmű-szabályozási Hivatal (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)
ECLI:EU:UNKNOWN:62022CA0277
62022CA0277
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Official Journal of the European Union
Series C
C/2024/1821
11.3.2024
(Case C-277/22, (1) Global NRG)
(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)
(C/2024/1821)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Global NRG Kereskedelmi és Tanácsadó Zrt.
Defendant: Magyar Energetikai és Közmű-szabályozási Hivatal
Intervening party: FGSZ Földgázszállító Zrt.
Operative part of the judgment
Article 41(17) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, read in the light of the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding legislation of a Member State under which only the operator of the natural gas transmission system is classified as a ‘party affected’ by a decision of the national regulatory authority fixing the connection fees and usage charges for that system in addition to the remuneration for any services provided by that operator and, consequently, only that operator has standing to bring an effective appeal against that decision.
ELI: http://data.europa.eu/eli/C/2024/1821/oj
ISSN 1977-091X (electronic edition)
*
Language of the case: Hungarian.