CELEX: 62018CA0718
Language: en
Date: 2021-09-02 00:00:00
Title: Case C-718/18: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Internal markets for electricity and natural gas — Directive 2009/72/EC — Article 2(21) — Article 19(3), (5) and (8) — Article 37(1)(a) and (6)(a) and (b) — Directive 2009/73/EC — Article 2(20) — Article 19(3), (5) and (8) — Article 41(1)(a) and (6)(a) and (b) — Concept of a ‘vertically integrated undertaking’ — Effective unbundling of networks from the activities of production and supply of electricity and natural gas — Independent transmission operator — Independence of the staff and the management of the transmission system operator — Transitional periods — Shares held in the capital of the vertically integrated undertaking — National regulatory authorities — Independence — Exclusive powers — Article 45 TFEU — Freedom of movement for workers — Charter of Fundamental Rights of the European Union — Article 15 — Right to engage in work and to pursue an occupation — Article 17 — Right to property — Article 52(1) — Restrictions — Principle of democracy)

25.10.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 431/19
            
         
      Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Federal Republic of Germany
      (Case C-718/18) (1)
      
      (Failure of a Member State to fulfil obligations - Internal markets for electricity and natural gas - Directive 2009/72/EC - Article 2(21) - Article 19(3), (5) and (8) - Article 37(1)(a) and (6)(a) and (b) - Directive 2009/73/EC - Article 2(20) - Article 19(3), (5) and (8) - Article 41(1)(a) and (6)(a) and (b) - Concept of a ‘vertically integrated undertaking’ - Effective unbundling of networks from the activities of production and supply of electricity and natural gas - Independent transmission operator - Independence of the staff and the management of the transmission system operator - Transitional periods - Shares held in the capital of the vertically integrated undertaking - National regulatory authorities - Independence - Exclusive powers - Article 45 TFEU - Freedom of movement for workers - Charter of Fundamental Rights of the European Union - Article 15 - Right to engage in work and to pursue an occupation - Article 17 - Right to property - Article 52(1) - Restrictions - Principle of democracy)
      (2021/C 431/18)
      Language of the case: German
      
         Parties
      
      
         Applicant: European Commission (represented by: M. Noll-Ehlers and O. Beynet, acting as Agents)
      
         Defendant: Federal Republic of Germany (represented: initially by J. Möller and T. Henze, acting as Agents, and subsequently by J. Möller and S. Eisenberg, acting as Agents)
      
         Intervener in support of the defendant: Kingdom of Sweden (represented: initially by C. Meyer-Seitz, A. Falk, H. Shev, J. Lundberg and H. Eklinder, acting as Agents, and subsequently by C. Meyer-Seitz, H. Shev and H. Eklinder, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by failing to transpose correctly:
                  
                              —
                           
                           
                              Article 2(21) of 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, and Article 2(20) 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,
                           
                        
                              —
                           
                           
                              Article 19(3) and (8) of Directives 2009/72 and 2009/73,
                           
                        
                              —
                           
                           
                              Article 19(5) of Directives 2009/72 and 2009/73,
                           
                        
                              —
                           
                           
                              Article 37(1)(a) and (6)(a) and (b) of Directive 2009/72 and Article 41(1)(a) and (6)(a) and (b) of Directive 2009/73,
                           
                        the Federal Republic of Germany has failed to fulfil its obligations under those directives;
               
            
                  2.
               
               
                  Orders the Federal Republic of Germany to pay the costs;
               
            
                  3.
               
               
                  Orders the Kingdom of Sweden to bear its own costs.
               
            
         (1)  OJ C 54, 11.2.2019.