# C_2015155EN.01000401.xml

| 11.5.2015 | EN | Official Journal of the European Union | C 155/4 |
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11.5.2015

EN

Official Journal of the European Union

C 155/4

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Judgment of the Court (Fourth Chamber) of 19 March 2015 (request for a preliminary ruling from the Kúria — Hungary) — E.ON Földgáz Trade Zrt v Magyar Energetikai és Közmű-szabályozási Hivatal

(Case C-510/13) (1)

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((Reference for a preliminary ruling - Internal market in natural gas - Directive 2003/55/EC - Article 25 - Directive 2009/73/EC - Articles 41 and 54 - Temporal application - Regulation (EC) No 1775/2005 - Article 5 - Capacity allocation mechanisms and congestion management procedures - Decision of a regulatory authority - Right to bring an action - Action brought by a company holding a natural gas transmission authorisation - Charter of Fundamental Rights of the European Union - Article 47 - Right to effective judicial protection against a decision of a regulatory authority))

(2015/C 155/04)

Language of the case: Hungarian

Referring court

Referring court

Kúria

Parties to the main proceedings

Parties to the main proceedings

Applicant: E.ON Földgáz Trade Zrt

Applicant:

Defendant: Magyar Energetikai és Közmű-szabályozási Hivatal

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1) | 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, the period allowed for whose transposition expired on 3 March 2011 and, in particular, the new provisions introduced in Article 41(17) thereof, must be interpreted as not applying to an action against a decision of a regulatory authority, such as that at issue in the main proceedings, adopted before the expiry of that period allowed for transposition and which was still pending on that date. |
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1)

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, the period allowed for whose transposition expired on 3 March 2011 and, in particular, the new provisions introduced in Article 41(17) thereof, must be interpreted as not applying to an action against a decision of a regulatory authority, such as that at issue in the main proceedings, adopted before the expiry of that period allowed for transposition and which was still pending on that date.

| 2) | Article 5 of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks, read in conjunction with the Annex to that regulation, and Article 47 of the Charter, must be interpreted as precluding national legislation concerning the exercise of rights of action before the court or tribunal having jurisdiction to review the lawfulness of acts of a regulatory authority, which, in circumstances such as those at issue in the main proceedings, does not make it possible to confer on an operator, such as E.ON Földgáz Trade Zrt, locus standi for the purpose of bringing an action against a decision of that authority relating to the gas network code. |
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2)

Article 5 of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks, read in conjunction with the Annex to that regulation, and Article 47 of the Charter, must be interpreted as precluding national legislation concerning the exercise of rights of action before the court or tribunal having jurisdiction to review the lawfulness of acts of a regulatory authority, which, in circumstances such as those at issue in the main proceedings, does not make it possible to confer on an operator, such as E.ON Földgáz Trade Zrt, locus standi for the purpose of bringing an action against a decision of that authority relating to the gas network code.

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(1)  OJ C 15, 18.1.2014.

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