In the dispute over the changed European gas directive, Nord Stream 2 AG can hope again according to an opinion by the European Court of Justice (ECJ).
According to the report published on Wednesday, the Baltic Sea pipeline operators' lawsuit against the amended EU gas directive has previously been wrongly dismissed.
According to Advocate General Michal Bobek, the company has the right to sue.
Luxembourg - In terms of content, he did not comment on the complaint.
(Case C-348/20 P)
Nord Stream 2 AG had sued the European Union Court because it wanted to have new rules for gas pipelines annulled. These came into force after construction of the recently completed gas pipeline from Russia to Germany and contain, for example, requirements for the unbundling of gas sales and pipeline operations. The EU court had dismissed the lawsuit. From the judges' point of view at the time, Nord Stream 2 would have to take legal action in German courts, as the implementation in national law was decisive. The company had challenged the decision before the ECJ.
The ECJ opinion now contradicts the opinion of the EU court.
The amended directive affects Nord Stream 2 AG directly because it only gives a certain amount of leeway for implementation at national level.
The gas pipeline is also individually affected.
Because of the timing of the enactment, Nord Stream 2, unlike other projects, cannot claim any deviation or exception from the rules.
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The Advocate General recommends that the decision of the lower instance be set aside and that the complaint be referred back to the EU court for substantive examination.
The judges at the ECJ are not bound by the reports, but they often follow them.
The judgment of the ECJ will be announced at a later date.
dpa
