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Feb 13, 2019

“Georgiev, Todorov & Co.” participated in oral hearing before Court of Justice of European Union in a Preliminary Reference Procedure in C-31/18, brought by Administrative Court, Sofia city.

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“Georgiev, Todorov & Co” took part as a procedural representative in oral hearing before the Court of Justice of European Union (reference for a preliminary ruling, C-31/18).

The Preliminary Reference Procedure was initiated by Administrative Court, Sofia City for reference under art. 267 TFEU. Before the Bulgarian Administrative court, “Georgiev, Todorov & Co.” represents the concession holder of port terminal “Burgas East 2” and “Burgas West” in a dispute with an electricity distribution company. Subject-matter of the appeal before the national court is an administrative act, issued by the Energy and Water Regulatory Commission under Art. 22 of the Energy Act. The Commission held that the dispute over connection to the system and for payment of access and transmission fees should be rendered in favor of the concession holder in his capacity of industrial consumer.  The questions raised before CJEU concern the rights of the transmission system operators and the distribution system operators under Directive 2009/72/EC of the European Parliament and of the Council. Moreover, the Court shall answer whether the requirement contained in Bulgarian law to the operators for owning property rights over the systems which they operate is in accordance with European Union law.

The team, which took part in the preparation both in the written and the oral parts, includes lawyers Miglena Peneva, Mariya Derelieva and Tsvetelina Dimitrova.

In the oral hearing, lawyer Miglena Peneva pledged that the Directive should be interpreted as not precluding national legislations, which requires from operators to own the property or other legal rights on the transmission system or on the distributions system operated by them. Before Court it was presented the thesis, that the requirement hereinabove is in accordance with the aim of Directive 2009/72/EC and also encourages the internal electricity market.

The preliminary ruling shall provide substantial insight on the matter whether it is possible for industrial consumers to directly connect to the transmission system or the current voltage level determines connection to the distribution system. The ruling of the CJEU shall be of significance for governing the relations between the operators and the consumers in the internal electricity market.  For further references you may follow the case on the official website of the Court.