CELEX: 62008CJ0474
Failure of a Member State to fulfil obligations
Failure to adopt all the provisions necessary to comply with Article 23(2) and (5) of Directive 2003/54/EC concerning common rules for the internal market in electricity
Powers of the regulatory authority in the electricity sector

Failure of a Member State to fulfil obligations – Failure to adopt all the provisions necessary to comply with Article 23(2)
and (5) 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 (OJ 2003 L 176, p. 37) – Powers of the regulatory authority
in the electricity sector.
Operative part
The Court:
1.
Declares that
–      by failing to provide that cases of refusal of access to the electricity distribution or transmission systems may be submitted
to the regulatory authority which must then issue a binding decision within a period of two months, in accordance with the
provisions of Article 23(5) 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, and
–      by attributing to an authority other than the regulatory authority the power to define criteria which are decisive for the
calculation of tariffs as regards certain electricity transmission installations, contrary to the provisions of Article 23(2)(a)
of Directive 2003/54,
the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.
Orders the Kingdom of Belgium to pay the costs.