Case ECS-03/08S: Serbia / electricity

summary of the case

On 14 October 2016 the Ministerial Council adopted Decision 2016/02/MC-EnC in Case ECS-03/08 establishing a breach of Energy Community law by declaring that the Republic of Serbia failed to comply with Article 6 of Regulation 1228/2003 by not using the revenues resulting from the allocation of interconnection capacity on the interconnectors with Albania, the former Yugoslav Republic of Macedonia and Montenegro for one or more of the purposes specified in Article 6(6) of the Regulation.

The Republic of Serbia was required to take all appropriate measures to rectify the identified breaches and to ensure compliance with the Energy Community law by December 2016 and to report regularly to the Secretariat and the Permanent High Level Group.

Since the Republic of Serbia did not take any measures to rectify the breach identified in Decision 2016/02/MC-EnC, on 13 October 2017, the Secretariat initiated Case ECS-03/08S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.

In its Reasoned Request, the Secretariat submitted that the non-implementation of Ministerial Council Decision 2016/02/MC-EnC under Article 91 of the Treaty constitutes a breach of Energy Community law. The Secretariat requested the Ministerial Council to declare that the breach identified is serious and persistent breach within the meaning of Article 92(1) of the Treaty.