Energy Community dispute settlement procedure
Under the Energy Community dispute settlement rules, a Party to the Treaty, the Regulatory Board and/or the Secretariat – upon complaint or on its own motion – may bring a case of non-compliance by a Party with Energy Community law to the attention of the Ministerial Council.
This page displays the Energy Community case law that has been initiated upon Secretariat's Opening Letters. Some of those cases have been complied with before a decision has been adopted by the Ministerial Council, while others have been decided by the Ministerial Council upon Opinions issued by the Advisory Committee.
As a rule a, there are three different status for a case: registered, opened and closed. A case is registered either upon complaint or by the Secretariat on its own motion. Registered cases could either change the status to open or closed. A case is opened with the sending of an Opening Letter. A case is closed when a Party complies with its obligations under the Energy Community Treaty either prior to sending of an Opening Letter or at any time after dispute settlement procedure has been initiated. A case under Article 91 of the Treaty is also closed with or without compliance with the adoption by a Decision of the Ministerial Council.
In case breach identified by the Ministerial Council has not been rectified by the party to the case, or in other cases of a serious and persistent breach of Energy Community law, a Party, the Secretariat or the Regulatory Board may request a decision of the Ministerial Council under Article 92 of the Treaty. The pages below thus additionally differentiate if a case is opened or closed under Article 92 of the Treaty.