# C_2015363EN.01000701.xml

| 3.11.2015 | EN | Official Journal of the European Union | C 363/7 |
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3.11.2015

EN

Official Journal of the European Union

C 363/7

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Judgment of the Court (Sixth Chamber) of 10 September 2015 — European Commission v Republic of Poland

(Case C-36/14) (1)

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((Failure of a Member State to fulfill obligations - Internal market in natural gas - Directive 2009/73/EC - State intervention consisting of the obligation to apply prices for supplies of national gas approved by a national authority - Measure unlimited in time - No obligation to check at regular intervals the necessity of that measure and the nature of its application - Application to an unlimited set of users, without distinction between customers or between specific situations - Proportionality))

(2015/C 363/08)

Language of the case: Polish

Parties

Parties

Applicant: European Commission (represented by: K. Herrmann and M. Patakia, acting as Agents)

Applicant:

Defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | declares that, by applying a scheme of State intervention, consisting of the obligation, for energy undertakings, to apply prices for supplies of natural gas which have been approved by the president of the Urzad Regulacji Energetyki (Energy Regulation Authority), an obligation which is unlimited in time and for which national law does not impose on the administrative authorities any obligation to check at regular intervals the necessity and nature of the application of that intervention in the gas sector, having regard to the level of development of that sector, and which is characterised by its application to an unlimited group of users or customers, without any distinction being drawn according to customers and without any differentiation of the situation of individuals within the context of individual groups of customers, the Republic of Poland has failed to comply with its obligations under the provisions of Article 3(1) in conjunction with Article 3(2) of 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; |
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1.

declares that, by applying a scheme of State intervention, consisting of the obligation, for energy undertakings, to apply prices for supplies of natural gas which have been approved by the president of the Urzad Regulacji Energetyki (Energy Regulation Authority), an obligation which is unlimited in time and for which national law does not impose on the administrative authorities any obligation to check at regular intervals the necessity and nature of the application of that intervention in the gas sector, having regard to the level of development of that sector, and which is characterised by its application to an unlimited group of users or customers, without any distinction being drawn according to customers and without any differentiation of the situation of individuals within the context of individual groups of customers, the Republic of Poland has failed to comply with its obligations under the provisions of Article 3(1) in conjunction with Article 3(2) of 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;

| 2. | orders the Republic of Poland to pay the costs. |
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2.

orders the Republic of Poland to pay the costs.

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(1)  OJ C 85, 22.3.2014.

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