Case ECS 02/15: North Macedonia / electricity

summary of the case

status: closed by Ministerial Council Decision / 
complied after Art.92 MC Decision
registered: ex officio 2015


The amendments to the Energy Law adopted in October 2014 deprive small businesses and all household customers of their right to purchase electricity directly from the supplier of their choice. Furthermore, making eligibility dependent on electricity consumption is non-compliant with the Treaty.

Protecting customers from dramatic price increases is a legitimate aim that could be achieved through measures which are significantly less market distorting and in compliance with the Energy Community acquis.  Eligibility has to be distinguished from price regulation and universal service provision might necessitate regulating the prices for certain categories of customers. The Secretariat is ready to assist North Macedonia in rectifying the identified breaches of Energy Community law.

On 14 October 2016, the Ministerial Council decided on the failure by North Macedonia to comply with its obligations under with Article 11 of the Treaty in conjunction with Article 33 (1) of Directive 2009/72/EC. With the adoption of Decision 2016/06/MC-EnC, the procedure under Article 91 of the Treaty in Case ECS-2/15 is closed. On 12 October 2017, the Secretariat initiated Case ECS-2/15S by submitting a Reasoned Request to the Ministerial Council under Article 92 of the Treaty.