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Case C-771/18: Judgment of the Court (Ninth Chamber) of 16 July 2020 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Internal markets in electricity and natural gas — Electricity and natural gas transmission systems — Conditions for access — Regulation (EC) No 714/2009 — Article 14(1) — Regulation (EC) No 715/2009 — Article 13(1) — Costs — Setting the charges for network access — Directive 2009/72/EC — Article 37(17) — Directive 2009/73/EC — Article 41(17) — Domestic remedies — Principle of effective judicial protection)
ECLI:EU:UNKNOWN:62018CA0771
62018CA0771
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Official Journal of the European Union
C 297/10
(Case C-771/18) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Internal markets in electricity and natural gas - Electricity and natural gas transmission systems - Conditions for access - Regulation (EC) No 714/2009 - Article 14(1) - Regulation (EC) No 715/2009 - Article 13(1) - Costs - Setting the charges for network access - Directive 2009/72/EC - Article 37(17) - Directive 2009/73/EC - Article 41(17) - Domestic remedies - Principle of effective judicial protection)
(2020/C 297/13)
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: O. Beynet and K. Talabér-Ritz, acting as Agents)
Defendant: Hungary (represented initially by Z. Fehér and Z. Wagner, and subsequently by Z. Fehér, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by failing to safeguard the right to an effective remedy against the rules of the national regulatory authority setting the charges for network access, Hungary has failed to fulfil its obligations under Article 37(17) 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 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;
2.Dismisses the action as to the remainder;
3.Orders the European Commission and Hungary to bear their own costs.
(<span class="oj-super">1</span>) OJ C 139, 15.4.2019.
ECLI:EU:C:2020:140