Today, the Secretariat sent an Opening Letter to the Republic of Serbia in Case ECS-13/17. The Secretariat takes the preliminary view that by the continuous failure to ensure unrestricted non-discriminatory third party access to the Horgoš interconnection point on the border between Serbia and Hungary, the Republic of Serbia fails to comply with the obligations under the Energy Community acquis for ensuring non-discriminatory third party access to the natural gas transmission system. In particular, the Secretariat raised concerns regarding Serbia’s failure to ensure the application of objective, non-discriminatory capacity allocation measures and published and transparent tariffs for system access, as well as by failure to ensure competitive market conduct of gas incumbent Srbijagas concerning access to its operated natural gas transmission system.
The purpose of this initial step in the procedure is to give the Republic of Serbia the possibility to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full factual and legal background of the case.
According to Articles 7 and 17 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat during the preliminary procedure. All requests for information on this case should be addressed to the Deputy Director and Legal Counsel at email@example.com or +43 1 535 2222 24 and should make reference to the case number ECS-13/17.