Georgiev, Todorov & Co Successful for BMF Port Burgas Before the CJEU

Georgiev, Todorov & Co Successful for BMF Port Burgas Before the CJEU

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Georgiev, Todorov & Co has successfully represented BMF Port Burgas before the Court of Justice of the European Union in a Preliminary Reference Procedure initiated by the Administrative Court of Sofia regarding an administrative act by Bulgaria's Energy and Water Regulatory Commission relating to an electrical network connection dispute.

BMF Port Burgas is the concessionaire at Bulgaria's Bourgas East 2 and Burgas West port terminals.

According to Georgiev, Todorov & Co “the case revolved around whether or not it is permissible for member state national legislation to allow business consumers to connect directly to the electricity grid in the presence of objective and non-discriminatory criteria.”

The CJEU held that connecting a consumer to the electricity transmission network shall be considered based on objective and non-discriminatory considerations, since this user is connected to an electrical substation which, under Directive 2009/72 and national law, falls within the scope of the transmission system.

Georgiev, Todorov & Co describes the ruling of the CJEU as “essential for the regulation of the relationship between operators and consumers in the internal market in electricity, as it is interpreting the principles of Directive 2009/72 /EC.“

The Georgiev, Todorov & Co team was led by Partner Miglena Peneva.