# C_2009312EN.01000802.xml

| 19.12.2009 | EN | Official Journal of the European Union | C 312/8 |
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19.12.2009

EN

Official Journal of the European Union

C 312/8

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Judgment of the Court (Fourth Chamber) of 29 October 2009 — Commission of the European Communities v Kingdom of Sweden

(Case C-274/08) (1)

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(Failure of a Member State to fulfil obligations - Directive 2003/54/EC - Article 15(2) - Article 23(2) - Internal market in electricity - Prior approval of the methodologies used to calculate or establish the terms and conditions for connection and access to national networks, including transmission and distribution tariffs - National regulatory authority)

2009/C 312/12

Language of the case: Swedish

Parties

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and P. Dejmek, Agents)

Applicant:

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil its obligations — Breach of Article 15(2)(b) and (c) and of Article 23(2)(a) 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 — Statements made with regard to decommissioning and waste management activities (OJ 2003 L 176, p. 37) — Failure to ensure a functional division between distribution and production interests in a vertically integrated undertaking — Failure to make the regulatory authorities responsible for establishing or approving the methodologies used to calculate or establish the terms and conditions for access to national networks

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt measures necessary to ensure a functional division between distribution and production interests in a vertically integrated undertaking in accordance with Article 15(2)(b) and (c) 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 failing to make the regulatory authorities responsible for approving, in advance, at least the methodologies used to calculate or establish the terms and conditions for access to national networks, including transmission and distribution tariffs in accordance with Article 23(2)(a) thereof, the Kingdom of Sweden has failed to fulfil its obligations under Article 15(2)(b) and (c) and Article 23(2)(a) of that directive; |
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1.

Declares that, by failing to adopt measures necessary to ensure a functional division between distribution and production interests in a vertically integrated undertaking in accordance with Article 15(2)(b) and (c) 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 failing to make the regulatory authorities responsible for approving, in advance, at least the methodologies used to calculate or establish the terms and conditions for access to national networks, including transmission and distribution tariffs in accordance with Article 23(2)(a) thereof, the Kingdom of Sweden has failed to fulfil its obligations under Article 15(2)(b) and (c) and Article 23(2)(a) of that directive;

| 2. | Orders the Kingdom of Sweden to pay the costs. |
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2.

Orders the Kingdom of Sweden to pay the costs.

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(1)  OJ C 236, 13.9.2008.

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