EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

The deadlines established in this Article [16] shall apply without prejudice to obligations under applicable Union environmental law, to judicial appeals, remedies and other proceedings before a court or tribunal, and to alternative dispute resolution mechanisms, including complaints procedures, non-judicial appeals, and remedies, and may be extended for the duration of such procedures. (Renewable Energy Directive, 2018). The purpose of this legal research is to provide the decarbonisation context in the case of Nord Stream 2 – as a contributor within a specific period to the change and security of the EU’s future energy supply. The delays created by legal instruments contrary to the law can also be observed in this project. Josep Borrell, High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the European Commission in the context of the United States sanctions against (also) Nord Stream 2 stated clearly and openly: As a matter of principle, the European Union opposes the use of sanctions by third countries on European companies carrying out legitimate business. Moreover, it considers the extraterritorial application of sanctions to be contrary to international law. (Borell, 2020) Nord Stream 2 AG (the Company), as aptly summarised by the General Court of the European Union, “is a company incorporated under Swiss law whose sole shareholder is the Russian public joint stock company Gazprom. It is responsible for the planning, construction, and operation of the Nord Stream 2 pipeline, 50% of whose funding, which amounts to € 9.5 billion, is provided by the companies ENGIE SA (France), OMV AG (Austria), Royal Dutch Shell plc (Netherlands and United Kingdom), Uniper SE (Germany) and Wintershall Dea GmbH (Germany). Like the Nord Stream (now commonly known as Nord Stream 1) pipeline, which consists of a system of two lines, construction of which was completed in 2012 and which was to be operated for a period of 50 years, the Nord Stream 2 pipeline, also consisting of two gas transmission lines, will ensure the flow of gas between Vyborg (Russia) and Lubmin (Germany) near Greifswald (Germany), bringing the overall transport capacity of the Nord Stream 1 and Nord Stream 2 pipelines to 55 billion cubic metres per year.” ( Nord Stream 2 v Parliament and Council , 2020) The Company appealed against the decision of the General Court and currently, only the Opinion of Advocate General Michal Bobek delivered on 6 October 2021 is available – according to which the legal position of the Company will inevitably change because of unbundling, which will have an impact on the Company. (Opinion of Advocate General Michal Bobek, 2021) Nevertheless, autonomous interpretation by the Court of Justice of the European Union (CJEU) should also represent a legal guarantee for the successful functioning of the European law in the future – with the exclusive jurisdiction

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