Țuca Zbârcea & Asociații obtains a referral to the Court of Justice of the European Union (CJEU) for an impact ruling in the field of European electricity markets
The Romanian Commodities Exchange has obtained, through the lawyers of Țuca Zbârcea & Asociații, a referral to the CJEU to verify whether a national regulation on the granting of a single licence for the electricity market management complies with EU law.
The Bucharest Court of Appeal granted the request by the legal team of Țuca Zbârcea & Asociații for a preliminary ruling on whether the provisions of a national energy law allowing the granting of a single licence for the electricity market management are contrary to EU law. In the Romanian legislation, Article 10(2)(f) of Electricity and Natural Gas Law No. 123/2012 provides as follows: "The competent authority shall issue licences for: [...] f) the management of centralised markets - a single licence shall be granted to the electricity market operator".
Acting in representation of the Romanian Commodities Exchange, the lawyers of Țuca Zbârcea & Asociații submitted to the national court of administrative claims a request for referral on whether the correct and consistent interpretation of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity still allows the existence of a national monopoly - in any Member State - over the operation of the electricity market.
By its resolution of 3 June 2021, the Bucharest Court of Appeal granted the plaintiff's request for a preliminary reference and referred the matter to the CJEU under Article 267 of the Treaty on the Functioning of the European Union. The referral concerns both the interpretation of the scope ratione personae of Regulation (EU) 2019/943 and the potential applicability - if the Member State grants a single licence for the operation of the electricity market - of the prohibitions on the restriction of competition laid down in the Treaty on the Functioning of the European Union.
The Romanian Commodities Exchange was represented by a team of lawyers from Țuca Zbârcea & Asociații specialising in administrative claims, coordinated by Dan Cristea, Partner: "We are glad that a topic of such paramount importance for the electricity sector will benefit from a uniform ruling for all EU Member States. The case has a clear cross-border interest and the Court of Justice now has the opportunity to ensure a consistent application of free competition principles in the European energy market, including in Romania".