As well known, Germany has lodged an appeal against the EUGC decision concerning the quantity of gas passed through the OPAL pipeline. The ECJ rejected this appeal
In the dispute over the expansion of Russian gas supplies, Germany suffered a defeat before the European Court of Justice (ECJ). In a judgment published on Thursday, the ECJ rejected Germany's appeal against a decision by the EU court. Specifically, it is about larger delivery volumes through the Opal pipeline, an extension of the first Nord Stream pipeline in the Baltic Sea, which has been in operation since 2011 and through which Russian gas is transported to Europe (Case C-848/19).
Poland had filed a lawsuit against the larger delivery quantities before the General Court of the European Union (EU-G), arguing that they endangered the country's security of supply and violated the principle of energy solidarity. The court upheld the action, whereupon Germany appealed to the ECJ, which has now been rejected.
In September 2019, Poland had a decision by the EU Commission stopped at first instance, which allowed the Russian Gazprom group to make greater use of the Opal pipeline (case T-883/16). Gazprom was originally only allowed to use half the line capacity in order not to put other suppliers at a disadvantage. With a resolution from 2016, the EU Commission allowed Gazprom to significantly increase delivery volumes at the request of the Federal Network Agency. The ECJ has now confirmed that this decision was rightly declared null and void by the EU-G.
A previously published opinion by the Court of Justice stated that Germany "essentially asserts that energy solidarity is merely a political term and not a legal criterion". Accordingly, no direct rights and obligations could be derived from it.
The supreme court of the EU is now contradicting this. Since the principle of solidarity underlies all the objectives of the Union's energy policy, it cannot be assumed that it does not produce any binding legal effects. The principle includes rights and obligations for EU countries.