OPAL Gastransport has noted the judgment of the CJEU

Decision in Case C-848/19 P regarding the appeal brought by the Federal Republic of Germany against the judgment of the Court of Justice of the European Union on 10 September 2019

Kassel. Although OPAL Gastransport GmbH & Co. KG (OPAL Gastransport) was not one of the parties to the proceedings in the decision of the Court of Justice of the European Union (CJEU), the company has nevertheless noted with regret the judgment of 15 July.

In the judgment, the decision of the CJEU on 10 September 2019 was merely confirmed in its determination that the European Commission’s proceedings on approval for the OPAL settlement agreement contained procedural errors.

As a result, a decision on whether the Republic of Poland had actually been damaged by the full utilization of OPAL by various shippers was not explicitly made.

OPAL Gastransport continues to maintain its opinion that the EU Single Market was not and will not be disadvantaged through the use of OPAL transit capacities.

From the standpoint of OPAL Gastransport, it is now up to the European Commission and the responsible national regulator to become active and rapidly bring the OPAL settlement agreement to a successful conclusion.

OPAL Gastransport operates the OPAL, a pipeline approximately 470 kilometers in length which runs in a southerly direction from the Nord Stream landing point in Lubmin near Greifswald as far as the Czech Republic. Along the route, the natural gas pipeline with a transport capacity of 36 billion cubic meters of gas per year crosses the federal states of Mecklenburg-Western Pomerania, Brandenburg and Saxony.