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Case C-198/12: Judgment of the Court (Fifth Chamber) of 5 June 2014 — European Commission v Republic of Bulgaria (Failure of a Member State to fulfil obligations — Internal market in energy — Gas transmission — Regulation (EC) No 715/2009 — Articles 14(1) and 16(1) and (2)(b) — Obligation to guarantee maximum capacity — Virtual reverse flow gas capacity — Admissibility)
ECLI:EU:UNKNOWN:62012CA0198
62012CA0198
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Official Journal of the European Union
C 253/5
(Case C-198/12)(Failure of a Member State to fulfil obligations - Internal market in energy - Gas transmission - Regulation (EC) No 715/2009 - Articles 14(1) and 16(1) and (2)(b) - Obligation to guarantee maximum capacity - Virtual reverse flow gas capacity - Admissibility)
2014/C 253/06
Language of the case: Bulgarian
Parties
Applicant: European Commission (represented by: K. Herrmann, S. Petrova, O. Beynet and T. Scharf, acting as Agents)
Defendant: Republic of Bulgaria (represented by: D. Drambozova, E. Petranova and Y. Atanasov, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 14(1) and Article 16(1) and (2)(b) of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ 2009 L 211, p. 36) — Obligation to ensure that all market participants are guaranteed maximum capacity — No physical interconnection between the transit system and the national gas transmission system — Intergovernmental agreements preventing compliance with the obligation to make maximum capacity available — Scope of the obligation set out in the second paragraph of Article 351 TFEU
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs.
Language of the case: Bulgarian.
* * *
(1) OJ C 194, 30.6.2012.