On the occassion of the 9th Ministerial Council, the Secretariat prepared its latest report on the pending dispute cases. Since the adoption of the Dispute Settlement Rules, the Secretariat has, as of 31 July 2011, received six complaints by private bodies. Upon receiving a complaint, the Secretariat assesses the merits of a case and decides whether to initiate a formal (preliminary) procedure. So far, the Secretariat has done that in two cases, namely Case ECS-2/08 against the former Yugoslav Republic of Macedonia and Case ECS-3/08 against Serbia.
On 21 September 2010, the Secretariat sent, on its own motion, an Opening Letter to Bosnia and Herzegovina in Case ECS-1/10. In the Opening Letter, the Secretariat takes the preliminary view that Bosnia and Herzegovina failed to fulfill its obligations under the Energy Community Treaty by not adopting legislation prohibiting State aid and enforcing that prohibition, as required by Articles 6 and 18 of the Energy Community Treaty.
On 20 January 2011, the Energy Community Secretariat sent Opening Letters to Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia in Cases ECS-1–6/11. The Secretariat contends that these six Contracting Parties have not yet adopted a common coordinated congestion management method and procedure for the allocation of capacity to the market.
On 8 February 2011, the Secretariat sent an Opening Letter to UNMIK in Case ESC 7/11. In the Opening Letter, the Secretariat takes the preliminary view that UNMIK failed to fulfill its obligations under the Energy Community Treaty by not adopting legislation prohibiting State aid and enforcing that prohibition, as required by Articles 6 and 18 of the Energy Community Treaty.
