Proceedings brought by Energiavirasto.
Date: 2020-01-23
24


In accordance with the settled case-law of the Court, when interpreting a provision of EU law, regard must be had not only to its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgments of 19 July 2012, A, C‑33/11, EU:C:2012:482, paragraph 27, and of 15 March 2017, Al Chodor, C‑528/15, EU:C:2017:213, paragraph 30).
34


In the second place, as recalled in paragraph 23 of this judgment, the purpose of Directive 2009/72 is, in particular, in accordance with Article 1 thereof, to lay down provisions on consumer protection and to define the rights of electricity consumers. Thus, Article 3 of that directive lays down the obligations of the Member States in order to ensure consumer protection. Article 3(7) requires them to ensure a high level of consumer protection, particularly as regards dispute settlement mechanisms. The measures to be taken by Member States in that regard pursuant to that provision and Annex I to the directive, to which it refers, are intended to ensure, under point 1(f) of that annex, that customers benefit from transparent, simple and inexpensive procedures for dealing with their complaints, such out-of-court dispute settlement procedures being designed to ensure fair and prompt settlement of disputes. To that end, Article 3(13) of Directive 2009/72 requires Member States to ensure that an independent mechanism such as an energy ombudsman or a consumer body is in place in order to ensure efficient treatment of complaints and out-of-court dispute settlements.
35


In the third place, as regards the regulatory authority, recital 37 of Directive 2009/72 states that energy regulators should be given the power to ensure the full effect of consumer protection measures. Article 36 of that directive, which defines the general objectives of that authority, provides that it must take all reasonable measures in pursuit of the objectives set out in that article, within the framework of its tasks and powers as defined in Article 37 of the directive, in close consultation, where appropriate, with other relevant national authorities, without prejudice to their competencies. Those objectives include, in Article 36(g) of the directive, helping to ensure consumer protection.
36


It does not follow from any of the provisions of Directive 2009/72 referred to in paragraphs 34 and 35 above, or from any other provision of that directive, that the Member States are required to confer on the regulatory authority, to the exclusion of any other authority, competence for the out-of-court settlement of disputes between household customers and electricity undertakings, in particular the system operators.
37


On the contrary, first, recital 51 and Article 36(g) of Directive 2009/72 confirm that the objective which it assigns to the regulatory authority, as the Advocate General observed in point 42 of his Opinion, is to help, in cooperation with other competent authorities, to ensure the effectiveness and implementation of measures to protect consumers, including the handling of complaints, and that Member States may entrust tasks relating to consumer rights to either the regulatory authority or other authorities.
38


Second, with regard more specifically to the obligation of Member States to set up an independent mechanism for the effective handling of complaints and out-of-court dispute settlement, Article 3(13) of Directive 2009/72, with the use of the words ‘such as an energy ombudsman or a consumer body’, expressly states that the choice of authority responsible for settling disputes between consumers and electricity undertakings is a matter for the Member States.
39


It follows from all those findings that Member States may confer jurisdiction for out-of-court dispute settlement between household customers and electricity undertakings on an authority other than the regulatory authority, provided that, in accordance with recital 54 and Article 3(7) and (13) of Directive 2009/72 and in point 1(f) of Annex I thereto, the designated authority is independent and exercises that competence by implementing rapid, effective, transparent, simple and inexpensive procedures for the handling of complaints, enabling disputes to be settled fairly and promptly.
40


It is also open to Member States to confer that competence on the regulatory authority, since the expression ‘the regulatory authority shall have at least the following powers’, used in Article 37(4) of Directive 2009/72, indicates that powers other than those expressly mentioned in Article 37 of that directive may be attributed to it. Where the Member State chooses to entrust that competence to the regulatory authority, it is clear from Article 37(11), (16) and (17) of that directive that it must be recognised that a household customer has the status of a party and the right to bring legal proceedings against the decision of the regulatory authority.
43


In the light of all the foregoing considerations, the answer to the questions referred is that Article 37 of Directive 2009/72 must be interpreted as meaning that it does not require Member States to confer competence on the regulatory authority to settle disputes between household customers and system operators and, consequently, to grant household customers who have lodged a complaint with the regulatory authority against a system operator the status of ‘party’ within the meaning of that provision, and the right to appeal against the decision taken by that authority following that complaint.