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.
Case ECS-2/13 / Bosnia and Herzegovina / environment
- Case ECS-1/14
- Case ECS-4/14
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