Before the Ministerial Council may determine the existence of a breach by a Party of its obligations under the Energy Community Treaty, the current Presidency and Vice-Presidency are required to ask the Advisory Committee for its Opinion on the case at hand.
This page displays those dispute settlement cases where the Advisory Committee was asked to give its opinion. As of September 2018, there has been 13 Advisory Committee opinions.
- Following the Advisory Committee's Opinion, four of the 13 cases have been rectified.
- There are seven cases where the procedure under Article 91 of the Treaty was closed with adoption of a Ministerial Council decision, but the breach has not been rectified yet.
- Out of the seven cases, there are three where the breaches have not been rectified despite adoption of Ministerial Council decisions imposing measures under Article 92 of the Treaty.
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Case ECS-10/13
Case ECS-10/13 against Albania / energy efficiency
Procedure under Article 91 / Case ECS-10/13 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2018/03/MC-EnC -
Case ECS-2/18
Case ECS-2/18 against Albania / infrastructure
Procedure under Article 91 / Case ECS-2/18 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council's Decision 2018/07/MC-EnC
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Case ECS-2/13
Case ECS-2/13 / Bosnia and Herzegovina / environment
Procedure under Article 91 / Case ECS-2/13 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2016/03/MC-EnC Procedure under Article 92 / Case ECS-2/13S Status open / not rectified
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Case ECS-1/14
Case ECS-1/14: Bosnia and Herzegovina / energy efficiency
Procedure under Article 91 / Case ECS-1/14 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2018/04/MC-EnC -
Case ECS-4/14
Case ECS-4/14: Bosnia and Herzegovina / renewable energy
Procedure under Article 91 / Case ECS-4/14 Opinion Advisory Committee's Opinion Status closed / rectified
Decision Ministerial Council Decision 2015/04/MC-EnC -
Case ECS-1/15
Case ECS-1/15 against Bosnia and Herzegovina / environment
Procedure under Article 91 / Case ECS-1/15 Opinion Advisory Committee's Opinion Status opened / not rectified
Decision Ministerial Council's Decision pending -
Case ECS-6/16
Case ECS-6/16: Bosnia and Herzegovina / gas
Procedure under Article 91 / Case ECS-6/16 Opinion Advisory Commitee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2013/04/MC-EnC Procedure under Article 92 / Case ECS-6/16S Status open / not rectified Decision Ministerial Council Decision 2014/04/MC-EnC;
Ministerial Council Decision 2015/10/MC-EnC;
Ministerial Council Decision 2016/16/MC-EnC
Ministerial Council Decision 2018/16/MC-EnC -
Case ECS-3/18
Case ECS-3/18 against Bosnia and Herzegovina / infrastructure
Procedure under Article 91 / Case ECS-3/18 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council's Decision 2018/08/MC-EnC
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Case ECS-5/14
Case ECS-5/14: FYR Macedonia / renewable energy
Procedure under Article 91 / Case ECS-5/14 Opinion Advisory Committee's Opinion Status closed / rectified
Decision Ministerial Council Decision 2015/05/MC-EnC -
Case ECS-2/15
Case ECS-2/15: FYR Macedonia / electricity
Procedure under Article 91 / Case ECS-2/15 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2016/06/MC-EnC Procedure under Article 92 / Case ECS-2/15S Status open / not rectified
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Case ECS-3/08
Case ECS-3/08: Serbia / electricity
Procedure under Article 91 / Case ECS-3/08 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2016/02/MC-EnC Procedure under Article 92 / Case ECS-3/08S Status open / not rectified
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Case ECS-4/13
Case ECS-4/13: Serbia / environment
Procedure under Article 91 / Case ECS-4/13 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2016/04/MC-EnC Procedure under Article 92 / Case ECS-4/13S Status open / not rectified
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Case ECS-9/13
Case ECS-9/13: Serbia / gas
Procedure under Article 91 / Case ECS-9/13 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Decision Decision 2014/03/MC-EnC Procedure under Article 92 / Case ECS-9/13S Status open / not rectified
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Case ECS-11/14
Case ECS-11/14: Serbia / State aid
Procedure under Article 91 / Case ECS-11/14 Opinion Advisory Committee's Opinion Status closed / rectified
Decision withdrawal of the Reasoned Request prior to Ministerial Council decision -
Case ECS-18/16
Case ECS-18/16: Serbia / competition
Procedure under Article 91 / Case ECS-18/16 Opinion Advisory Committee's Opinion Status closed / rectified
Decision withdrawal of the Reasoned Request prior to Ministerial Council decision
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Case ECS-1/12
Case ECS-1/12: Ukraine / electricity
Procedure under Article 91 / Case ECS-1/12 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2018/02/MC-EnC -
Case ECS-5/13
Case ECS-5/13: Ukraine / environment
Procedure under Article 91 / Case ECS-5/13 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council Decision 2016/05/MC-EnC Procedure under Article 92 / Case ECS-5/13S Status open / not rectified
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Case ECS-8/15
Case ECS-8/15: Ukraine / electricity
Procedure under Article 91 / Case ECS-8/15 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council's Decision 2018/05/MC-EnC -
Case ECS-1/18
Case ECS-1/18: Ukraine / energy efficiency
Procedure under Article 91 / Case ECS-1/18 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council's Decision 2018/06/MC-EnC -
Case ECS-4/18
Case ECS-4/18 against Ukraine / infrastructure
Procedure under Article 91 / Case ECS-4/18 Opinion Advisory Committee's Opinion Status closed / not rectified
Decision Ministerial Council's Decision 2018/09/MC-EnC