Official Journal of the European Union

(Case C-439/06)

(Internal market in electricity - Directive 2003/54/EC - Article 20(1) - Open access of third parties to electricity transmission and distribution systems)

(2008/C 171/10)

Language of the case: German

Referring court

Applicant in the energy management proceedings

Interveners in the energy management proceedings in support of the applicant: Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde,

Defendants in the energy management proceedings: Flughafen Leipzig/Halle GmbH, Bundesnetzagentur

Re:

Reference for a preliminary ruling — Oberlandesgericht Dresden — Interpretation of Article 20(1) of Directive 2003/54/EC of the European Parliament and the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) — National legislation which excludes networks wholly situated on the premises of an undertaking (Betriebsnetze) from the principle of free access of third persons to electricity transport and distribution networks

Operative part of the judgment

Article 20(1) of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC must be interpreted as precluding a provision such as the first point of Paragraph 110(1) of the Law on electricity and gas supply, referred to as ‘the Law on energy management’ (Gesetz über die Elektrizitäts- und Gasversorgung (Energiewirtschaftsgesetz)) of 7 July 2005, which exempts certain operators of energy supply systems from the obligation to provide third parties with open access to those systems on the grounds that they are located on a geographically connected operation zone and that they predominantly serve to supply the energy needs of the undertaking itself and of connected undertakings.

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Language of the case: German

ECLI:EU:C:2008:171

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