Case ENC 09/17: Moldova / electricity

summary of the case

status:  opened under Article 91
registered: upon complaint 04.01.2012





Directive 2009/72/EC imposes an obligation on the Contracting Parties to ensure that the regulator’s activity (especially when it comes to its main task, namely the design of tariff methodologies and adoption of tariffs) is free from any interference from political, public or private bodies. The national parliament, as the supreme political body, falls within this category.

Based on the above preliminary legal assessment, the Secretariat preliminary concludes that Moldova fails to comply with Articles 35(4), 35(5), 37(1)(a) and 37(8) of Directive 2009/72/EC read in conjunction with Articles 2 and 6 of the Treaty as well as with general principles enshrined in Articles 2, 6 and 94 of the Treaty. Moldova's failure to properly implement these provisions relate to: 

  • Regulatory independence
  • Cost-reflectivity as a principle of Energy Community law