summary of the case
| Against | Georgia |
|---|---|
| Registered | ex officio |
| Area of work | Electricity Integration Package |
| Status | closed by Ministerial Council Decision / not complied after Art.91 MC Decision |
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By Decisions 2021/13/MC-EnC and 2022/03/MC-EnC, the Ministerial Council incorporated a package comprising the latest EU electricity acquis in the Energy Community (referred to as the Electricity Integration Package). Decisions 2021/13/MC-EnC and 2022/03/MC-EnC also amended the list of acts included in the acquis communautaire on energy in Annex I to the Treaty. Articles 2 of the Ministerial Council Decisions 2021/13/MC-EnC and 2022/03/MC-EnC impose an obligation on the Contracting Party to bring into force the laws, regulations and administrative provisions necessary to comply with the legal acts constituting the Electricity Integration Package by 31 December 2023 and to notify those measures to the Secretariat within the deadlines specified in the respective Decisions. To date, the Secretariat has not received the legislation in force, by Georgia aiming to achieve compliance with Decisions 2021/13/MC-EnC and 2022/03/MC-EnC. The Reasoned Request concerns non-compliance of Georgia with the obligation to adopt and implement the laws and administrative provisions necessary to comply with Decision 2021/13/MC-EnC and Decision 2022/03/MC-EnC by 31 December 2023 pursuant to Articles 2(1) thereof, and to forthwith notify those measures to the Secretariat within the deadline specified in these Decisions. The case was closed and a breach was established for not transposing the Electricity Integration Package by 31 December 2023 under Article 91 by Ministerial Council Decision 2025/05/MC-EnC adopted on 18 December 2025. |
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Procedural history
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29 May 2024: Reasoned Request
Case
On 29 May 2024, the Secretariat submitted a Reasoned Request to the Ministerial Council against Georgia, which failed to comply with Articles 2 of Decisions 2021/13/MC-EnC and 2022/03/MC-EnC, as well as Articles 6 and Article 89 of the Treaty.
Procedure
Under the Dispute Settlement Rules as amended in October 2015 (PA 2015/04/MC-EnC), the Ministerial Council abolished the preliminary procedure in dispute settlement proceedings for non-transposition. Hence, the Secretariat is obliged to submit a Reasoned Request to the Ministerial Council directly, without performing a preliminary procedure.
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18 December 2025: Ministerial Council Decision on Failure
Steps taken
On 18 December 2025, the Ministerial Council took decisions on the failure by Georgia to comply with certain obligations under the Treaty. The Ministerial Council declared the existence of a breach by Georgia of its obligations to transpose the legal acts as adapted and adopted by Decisions 2021/13/MC-EnC and 2022/03/MC-EnC by 31 December 2023 and that Georgia failed to forthwith notify those measures to the Secretariat. The Contracting Party failed to comply with Articles 2 of Decisions 2021/13/MC-EnC and 2022/03/MC-EnC, as well as Articles 6 and Article 89 of the Treaty.
In Article 2 of the Decision 2025/05/MC-EnC, the ministers urge Georgia to take all appropriate measures to rectify the breaches identified in Article 1 and ensure compliance with Energy Community law, by 1 July 2026.
Procedure
Georgia is invited to report to the Secretariat and the Permanent High Level Group about the measures taken. The ministers invited the Secretariat to initiate procedures under Article 92 of the Treaty if the breaches are not rectified by 1 July 2026.