# C_2020297EN.01003402.xml

| 7.9.2020 | EN | Official Journal of the European Union | C 297/34 |
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7.9.2020

EN

Official Journal of the European Union

C 297/34

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Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 30 June 2020 — AS Latvijas Gāze v Latvijas Republikas Saeima, Sabiedrisko pakalpojumu regulēšanas komisija

(Case C-290/20)

(2020/C 297/46)

Language of the case: Latvian

Referring court

Satversmes tiesa

Parties to the main proceedings

Applicant: AS Latvijas Gāze

Defendants: Latvijas Republikas Saeima, Sabiedrisko pakalpojumu regulēšanas komisija

Questions referred

| 1. | Must Article 23 and Article 32(1) of Directive 2009/73/EC (1) be interpreted as meaning that Member States must adopt a regulatory framework permitting any final customer to choose which type of network — transmission or distribution — he wishes to connect to and imposing on the network operator an obligation to allow him to connect to the network in question? |
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1.

Must Article 23 and Article 32(1) of Directive 2009/73/EC (1) be interpreted as meaning that Member States must adopt a regulatory framework permitting any final customer to choose which type of network — transmission or distribution — he wishes to connect to and imposing on the network operator an obligation to allow him to connect to the network in question?

| 2. | Must Article 23 of Directive 2009/73/EC be interpreted as meaning that Member States have an obligation to adopt a regulatory framework permitting only a non-household final customer (that is to say, only an industrial customer) to connect to the natural gas transmission network? |
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2.

Must Article 23 of Directive 2009/73/EC be interpreted as meaning that Member States have an obligation to adopt a regulatory framework permitting only a non-household final customer (that is to say, only an industrial customer) to connect to the natural gas transmission network?

| 3. | Must Article 23 of Directive 2009/73/EC, in particular the concept of ‘new industrial customer’, be interpreted as meaning that that article lays down an obligation for Member States to adopt a regulatory framework permitting only a non-household final customer (that is to say, only an industrial customer) who has not previously been connected to the distribution network to connect to the natural gas transmission network? |
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3.

Must Article 23 of Directive 2009/73/EC, in particular the concept of ‘new industrial customer’, be interpreted as meaning that that article lays down an obligation for Member States to adopt a regulatory framework permitting only a non-household final customer (that is to say, only an industrial customer) who has not previously been connected to the distribution network to connect to the natural gas transmission network?

| 4. | Must Article 2(3) and Article 23 of Directive 2009/73/EC be interpreted as meaning that they preclude a regulatory framework enacted by a Member State according to which the transmission of natural gas includes the transmission of natural gas directly to the final customer’s natural gas supply network? |
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4.

Must Article 2(3) and Article 23 of Directive 2009/73/EC be interpreted as meaning that they preclude a regulatory framework enacted by a Member State according to which the transmission of natural gas includes the transmission of natural gas directly to the final customer’s natural gas supply network?

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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 (OJ 2009 L 211, p. 94).

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