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Case C-718/18: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Internal markets for electricity and natural gas — Directive 2009/72/EC — Article 2(21) — Article 19(3), (5) and (8) — Article 37(1)(a) and (6)(a) and (b) — Directive 2009/73/EC — Article 2(20) — Article 19(3), (5) and (8) — Article 41(1)(a) and (6)(a) and (b) — Concept of a ‘vertically integrated undertaking’ — Effective unbundling of networks from the activities of production and supply of electricity and natural gas — Independent transmission operator — Independence of the staff and the management of the transmission system operator — Transitional periods — Shares held in the capital of the vertically integrated undertaking — National regulatory authorities — Independence — Exclusive powers — Article 45 TFEU — Freedom of movement for workers — Charter of Fundamental Rights of the European Union — Article 15 — Right to engage in work and to pursue an occupation — Article 17 — Right to property — Article 52(1) — Restrictions — Principle of democracy)
ECLI:EU:UNKNOWN:62018CA0718
62018CA0718
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Valentina R., lawyer
25.10.2021
Official Journal of the European Union
C 431/19
(Case C-718/18) (*)
(Failure of a Member State to fulfil obligations - Internal markets for electricity and natural gas - Directive 2009/72/EC - Article 2(21) - Article 19(3), (5) and (8) - Article 37(1)(a) and (6)(a) and (b) - Directive 2009/73/EC - Article 2(20) - Article 19(3), (5) and (8) - Article 41(1)(a) and (6)(a) and (b) - Concept of a ‘vertically integrated undertaking’ - Effective unbundling of networks from the activities of production and supply of electricity and natural gas - Independent transmission operator - Independence of the staff and the management of the transmission system operator - Transitional periods - Shares held in the capital of the vertically integrated undertaking - National regulatory authorities - Independence - Exclusive powers - Article 45 TFEU - Freedom of movement for workers - Charter of Fundamental Rights of the European Union - Article 15 - Right to engage in work and to pursue an occupation - Article 17 - Right to property - Article 52(1) - Restrictions - Principle of democracy)
(2021/C 431/18)
Language of the case: German
Parties
Applicant: European Commission (represented by: M. Noll-Ehlers and O. Beynet, acting as Agents)
Defendant: Federal Republic of Germany (represented: initially by J. Möller and T. Henze, acting as Agents, and subsequently by J. Möller and S. Eisenberg, acting as Agents)
Intervener in support of the defendant: Kingdom of Sweden (represented: initially by C. Meyer-Seitz, A. Falk, H. Shev, J. Lundberg and H. Eklinder, acting as Agents, and subsequently by C. Meyer-Seitz, H. Shev and H. Eklinder, acting as Agents)
Operative part of the judgment
The Court:
—Article 2(21) of Directive 2009/72/EC 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, and Article 2(20) 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,
—Article 19(3) and (8) of Directives 2009/72 and 2009/73,
—Article 19(5) of Directives 2009/72 and 2009/73,
—Article 37(1)(a) and (6)(a) and (b) of Directive 2009/72 and Article 41(1)(a) and (6)(a) and (b) of Directive 2009/73,
the Federal Republic of Germany has failed to fulfil its obligations under those directives;
(*) Language of the case: German.
(1) OJ C 54, 11.2.2019.
ECLI:EU:C:2021:140