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CJEU Annuls ACER Decision: Victory for Germany in Cross-Border Electricity Trade

The CJEU's ruling provides legal certainty, protecting national authorities' competencies and ensuring European agencies stay within their powers.

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CJEU Annuls ACER Decision: Victory for Germany in Cross-Border Electricity Trade

ADVANT Beiten, a prominent international law firm, has secured a significant victory for the Federal Republic of Germany at the Court of Justice of the European Union (CJEU). The court has annulled a decision by the European Union Agency for the Cooperation of Energy Regulators (ACER), which proposed additional requirements for classifying critical electricity network elements in cross-border electricity trade.

The ruling by the CJEU clarifies the classification process, stating that the only factor determining classification is whether a network component is significantly influenced by cross-border trade. The court confirmed that the EU's goal of a minimum capacity of 70% takes precedence and must not be hindered by additional review obligations.

The court's decision provides legal certainty, protecting the competencies of national authorities and making it clear that European agencies must not exceed their powers. This ruling is a significant step in ensuring that cross-border electricity trade is not unnecessarily burdened by excessive regulations.

ADVANT Beiten's successful representation of the Federal Republic of Germany at the CJEU has resulted in a ruling that protects national competencies and ensures that European agencies operate within their designated powers. This decision provides much-needed clarity and legal certainty for cross-border electricity trade within the European Union.

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