

In failing to do so, the Court held, they disregarded one of the fundamental principles of European energy policy, the principle of energy solidarity.
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In the OPAL opinion, the Court of Justice of the EU held that the European Commission, the executive branch of the EU, together with the German Federal Network Agency (BnetzA), the state authority that grants certification, should have not allowed Gazprom full access to the capacity of the OPAL pipeline and that those entities should have considered the loss to gas markets in Poland, Lithuania, and Latvia as a result of OPAL’s full-capacity operation. Moreover, pumping more gas through OPAL allowed Gazprom to decrease its flow through the Yamal and Brotherhood transit routes, from which Poland received transit revenue.

The Baltic Sea Pipeline Connector, or OPAL (Ostsee-Pipeline-Anbindungsleitung) pipeline, which was the subject of the first case, delivered Russian gas from the Nord Stream 1 pipeline to Germany and on to the pipeline grid in Central and Western Europe with more than 50 percent of the pipeline’s capacity carrying Gazprom gas, which is a breach of the EU’s competition law pertaining to energy. Together, these two decisions might halt the full-fledged launch of the NS2 pipeline. And second, on August 25, the German Court ruled that the NS2 pipeline is not exempt from EU competition rules, which in practice means there is no way to transmit only the Russian state-owned Gazprom's gas through the pipeline. First, on July 15, 2021, Poland won a lawsuit against Germany to ensure access to the gas transmission and distribution system under EU regulations, proving that the principle of energy solidarity is not just a political formula but a legal instrument that can be used to assess every decision made by an EU member state and applied to any gas pipeline that lies within the EU. The summer of 2021 will be remembered as a game-changing time for the Nord Stream 2 (NS2) pipeline, which conveys Russian gas straight to Germany, as two important judgments entered into force.

North Korea International Documentation Project.Environmental Change and Security Program.Hyundai Motor-Korea Foundation Center for Korean History and Public Policy.
