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Case C-360/19: Judgment of the Court (Fifth Chamber) of 8 October 2020 (request for a preliminary ruling from the College van Beroep voor het bedrijfsleven — Netherlands) — Crown Van Gelder BV v Autoriteit Consument en Markt (Reference for a preliminary ruling — Internal market for electricity — Directive 2009/72/EC — Article 37 — Duties and powers of the regulatory authority — Out-of-court dispute settlement — Concept of ‘party having a complaint’ — Complaint submitted by a final customer against the operator of a transmission system to which that customer’s installation is not directly connected — Failure on the grid — No contractual relationship between that customer and the operator of that grid — Admissibility of the complaint)
ECLI:EU:UNKNOWN:62019CA0360
62019CA0360
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30.11.2020
Official Journal of the European Union
C 414/8
(Case C-360/19) (*)
(Reference for a preliminary ruling - Internal market for electricity - Directive 2009/72/EC - Article 37 - Duties and powers of the regulatory authority - Out-of-court dispute settlement - Concept of ‘party having a complaint’ - Complaint submitted by a final customer against the operator of a transmission system to which that customer’s installation is not directly connected - Failure on the grid - No contractual relationship between that customer and the operator of that grid - Admissibility of the complaint)
(2020/C 414/08)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Crown Van Gelder BV
Defendant: Autoriteit Consument en Markt
Other party: TenneT TSO BV
Operative part of the judgment
Article 37(11) 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 must be interpreted as meaning that the regulatory authority may not dismiss a complaint submitted by a final customer against the operator of a transmission system, following a power failure in that system, on the ground that that final customer’s installation is connected not to that transmission system directly, but only to a distribution system fed by it.
(*) Language of the case: Dutch.