Summary of the case
|status:||opened under Article 91|
The Electricity Regulation 714/2009 requires hat transmission system operators promote the coordinated allocation of cross-border capacity. This encompasses constructive cooperation with neighbouring transmission system operators as far as necessary in order to enable coordinated cross-border capacity allocation. It follows that as part of constructive cooperation with neighbouring operators with a view to enable coordinated cross-border capacity allocation, neighbouring TSOs are under an obligation to agree on a mechanism to determine how the net transfer capacity at the border is set.
Furthermore, the Electricity Regulation stipulates that the maximum capacity of the interconnections shall be made available to market participants, complying with safety standards of secure network operation. This obligation is further detailed in Annex I to the Regulation (Guidelines on the management and allocation of available transfer capacity of interconnections between national systems). According to the General Provisions therein, TSOs shall endeavour to accept all commercial transactions, including those involving cross-border-trade; when there is no congestion, there shall be no restriction to the interconnection.
The subject of this dispute concerns the lack of agreement between the Serbian TSO EMS and the TSO of Kosovo* KOSTT on the determination of the NTC.