Case ECS 08/14: Ukraine / competition

summary of the case

status: closed in preliminary procedure (Art.91) /
complied in preliminary procedure
registered: ex officio 2014




According to Article 1(2) of the Accession Protocol of Ukraine to the Energy Community, Ukraine is entitled to all rights granted to Contracting Parties and is subject to all obligations imposed on Contracting Parties by the Treaty. In particular, Ukraine is under an obligation to transpose and implement Article 18(c) of the Treaty by ensuring that any public aid which distorts or threatens to distort competition by favouring certain undertakings or certain energy resources is prohibited. This commitment entails the obligation to establish institutions and procedures apt to enforce the State aid prohibition. As State aid may distort competition and affect cross-border trade in energy, the control of aid granted by public authorities is of key importance for the establishment of a regional energy market based on competition.

The case was closed on 28 March 2022 due to the establishment of a State aid enforcement system.