Secretariat proceeds with infringement case against Serbia for failure to ensure third party access on Hungary-Serbia gas interconnector

19 April 2019

On 19 April 2019, the Secretariat sent a Reasoned Opinion to Serbia for its failure to ensure unrestricted non-discriminatory third party access to the Horgoš interconnection point. Thereby, Serbia infringes its obligation to ensure non-discriminatory third party access to the natural gas transmission system. The Reasoned Opinion is the second step in the dispute settlement procedure initiated by the Secretariat in July 2018.

Contrary to Serbia’s assertions, the Secretariat does not consider that restricted access to the Horgoš entry point was justified in accordance with Article 35(1) of Directive 2009/73/EC. Srbijagas’ exclusion of the respective system entry point from the objective and transparent capacity-allocation procedure does not satisfy any of the criteria for refusal of access stipulated in the Directive and the Energy Law.  

According to the Rules of Procedure for Dispute Settlement, parties with a legitimate interest in the case are granted access to the case file. All requests for information on this case should be addressed to Mr. Dirk Buschle, Legal Counsel and Deputy Director, at dirk.buschle@energy-community.org and should refer to the case number ECS-13/17.

In Scope:

  • Serbia Serbia
  • Hungary Hungary