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Apr 30, 2020

“Georgiev, Todorov & Co” Law Offices successfully defended the rights of a business user of the electricity grid in a case against the electricity distribution operator

in Без категория

The law firm successfully defended the rights of the concessionaire of Burgas East 2 and Burgas West port terminals – “BMF Port Burgas” in an administrative proceeding on an appeal against the decision of the Energy and Water Regulatory Commission under Art. 22 of the Energy Act which resolves a dispute for а direct connection to the electrical grids.

The Court of Justice of the European Union has delivered а judgment on the preliminary reference procedure which upheld the legal argument put forward by “Georgiev, Todorov & Co.” Law Offices that directly connecting a consumer to the electricity transmission network, shall be considered based on objective and non-discriminatory considerations, since this user is connected to an electrical substation which, under Directive 2009/72 and national law, falls within the scope of this transmission system. You can find additional information about the ECJ decision and its fundamental importance in cases where the consumers want to be directly connected to the electricity grid on our website.   

Administrative Court – Sofia city dismissed the complaint of the electricity distribution operator and held that the business user, represented by our law firm, has the right to connect directly to the electricity transmission grid. In the decisive motives of the Bulgarian Administrative Court we can see the following: “Community law does not create a legal barrier to electricity, which in this substation is converted from high to medium voltage directly from the transmission grid to the end user BMF Port Burgas, without the obligatory intermediate involvement of a distribution company.”

The successful representation of the client in court was provided by our partner Miglena Peneva and our senior associate Mariya Derelieva.