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Case C-264/09: Judgment of the Court (First Chamber) of 15 September 2011 — European Commission v Slovak Republic (Failure of a Member State to fulfil obligations — Energy — Internal market in electricity — Directive 2003/54/EC — Investment contract — Bilateral agreement on the protection of investments concluded prior to accession to the European Union — Article 307 EC)
ECLI:EU:UNKNOWN:62009CA0264
62009CA0264
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29.10.2011
Official Journal of the European Union
C 319/2
(Case C-264/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Energy - Internal market in electricity - Directive 2003/54/EC - Investment contract - Bilateral agreement on the protection of investments concluded prior to accession to the European Union - Article 307 EC)
2011/C 319/02
Language of the case: Slovak
Parties
Applicant: European Commission (represented by: O. Beynet, F. Hoffmeister and J. Javorský, Agents)
Defendant: Slovak Republic (represented by: B. Ricziová, Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 9(e) and 20(1) of European Parliament and Council Directive 2003/54/EC 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) — Priority access of an operator to part of the cross-border electricity transmission capacity — Infringement of the obligation to ensure non-discriminatory access for transport and distribution networks
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission to pay the costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.