Case C-394/21, Bursa Română de Mărfuri: Judgment of the Court (Fifth Chamber) of 2 March 2023 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Bursa Română de Mărfuri SA v Autoritatea Naţională de Reglementare în domeniul Energiei (ANRE) (Reference for a preliminary ruling — Internal market for electricity — Directive 2009/72/EC — Regulation (EU) 2019/943 — Article 1(b) and (c) and Article 3 — Principles regarding the operation of electricity markets — Regulation (EU) 2015/1222 — Article 5(1) — Nominated electricity market operator — National legal monopoly for day-ahead and intraday trading services — National legislation providing for a monopoly for short-, medium- and long-term wholesale trading of electricity)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: EU energy policy, commodities exchange, electrical energy, electricity supply, energy market, free competition, monopoly, security of supply, single market








C_2023155EN.01001201.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/12






Judgment of the Court (Fifth Chamber) of 2 March 2023 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Bursa Română de Mărfuri SA v Autoritatea Naţională de Reglementare în domeniul Energiei (ANRE)
(Case C-394/21, (1) Bursa Română de Mărfuri)
(Reference for a preliminary ruling - Internal market for electricity - Directive 2009/72/EC - Regulation (EU) 2019/943 - Article 1(b) and (c) and Article 3 - Principles regarding the operation of electricity markets - Regulation (EU) 2015/1222 - Article 5(1) - Nominated electricity market operator - National legal monopoly for day-ahead and intraday trading services - National legislation providing for a monopoly for short-, medium- and long-term wholesale trading of electricity)
(2023/C 155/14)
Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings


Applicant: Bursa Română de Mărfuri SA

Defendant: Autoritatea Naţională de Reglementare în domeniul Energiei (ANRE)

Intervener: Federaţia Europeană a Comercianţilor de Energie

Operative part of the judgment

Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity, in particular Article 1(b) and (c), Article 2(40) and Article 3 of that regulation, read in conjunction with Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC,
must be interpreted as:






—


not precluding legislation of a Member State under which a national legal monopoly for intermediation services in respect of offers to sell and bids to buy electricity concerning the day-ahead and intraday wholesale markets is maintained, provided that that monopoly already existed in that Member State at the time of the entry into force of Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management, in accordance with Article 5 of that regulation;










—


not precluding legislation of a Member State under which a national legal monopoly for intermediation services in respect of offers to sell and bids to buy electricity concerning the forward wholesale market is maintained, since the conformity of such legislation with EU law must be assessed in the light of the relevant provisions of primary EU law.






(1)  OJ C 191, 10.5.2022.