26.11.2018

Official Journal of the European Union

C 427/17

(Case C-578/18)

(2018/C 427/24)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Appellant: Energiavirasto

Other parties: A, Caruna Oy

Questions referred

1.Is Article 37 of Directive 2009/72/EC (1) of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC to be interpreted as meaning that a person who is a consumer customer of a network company and who has brought a case concerning the network company before the national regulatory authority is to be regarded as an ‘affected party’ within the meaning of paragraph 17 of the article mentioned, which is affected by the decision of the regulatory authority and is therefore authorised to file an appeal at a national court against a decision affecting the network company made by the national regulatory authority?

2.If the person designated in the first question is not to be regarded as an ‘affected party’ within the meaning of Article 37 of Electricity Market Directive 2009/72/EC, does a consumer customer in a position like that of the appellant in the main proceedings have a right on any other legal basis under EU law to be involved before the regulatory authority in the treatment of a request made thereby for the introduction of a measure or to have the case reviewed by a national court, or is this question governed by national law?

Language of the case: Finnish

(1) OJ 2009 L 211, p. 55.