Official Journal of the European Union

C series

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C/2024/4579

29.7.2024

(Case C-369/24, MET Magyarország and Global NRG ROM)

(C/2024/4579)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicants: MET Magyarország Energiakereskedő Zrt., Global NRG ROM SRL

Defendant: Magyar Energetikai és Közmű-szabályozási Hivatal

Intervener in support of the defendant: FGSZ Földgázszállító Zrt.

Question referred

Having regard to the principles of legal certainty and legitimate expectations, should Article 35(1) of the TAR NC Regulation be interpreted as meaning that the exemption from application of that regulation also covers the long-term capacity booking contracts concluded before 2017, in which the pricing clauses did not provide for the capacity- and/or commodity-based transmission tariff determined at the time the contract was concluded to vary exclusively according to a pre-determined formula based on the consumer price index established by the national statistics office, but rather – by virtue of a mandatory provision of national law – applied the official network use tariff instead of the calculated tariff, wherever the former was lower, the official tariff being the tariff that the parties index in the following period (that tariff being determined by the authority taking into account not only the indexation but also the new short-term capacity booking contracts concluded for a given network interconnection pipeline and the revenue derived from those contracts, and the internal rate of return)?

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Commission Regulation (EU) 2017/460 of 16 March 2017 establishing a network code on harmonised transmission tariff structures for gas (OJ 2017 L 72, p. 29).

ELI: http://data.europa.eu/eli/C/2024/4579/oj

ISSN 1977-091X (electronic edition)

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