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Gecic Law Successful for EPS and Republic of Serbia in Dispute with Energy Community Secretariat

Gecic Law Successful for EPS and Republic of Serbia in Dispute with Energy Community Secretariat

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Gecic Law has successfully advised the Republic of Serbia and EPS, one of the largest energy companies in the region, in a probe led by Energy Community Secretariat regarding alleged State support for the multi-million-euro Kolubara B project.

On Monday, June 25, 2018, the Energy Community Secretariat announced that the parties had reached an amicable solution bringing the two-year long case to an end.

The Kolubara B power plant project will enable EPS to add 700 MW of electricity annually, constituting the most important investment in the Serbian energy infrastructure in the last four decades.

The Secretariat's proceedings against the Republic of Serbia were commenced on July 15, 2016 based on allegations that State measures instituted in favor of EPS (relating to the improvement of environmental protection and exploitation technology at the Kolubara B mining basin and the transfer of ownership to property connected to the construction of the Kolubara B thermal power plant) violated the Treaty Establishing the Energy Community. 

According to Gecic Law, "on June 11, 2018, following the reopened proceedings and an in-depth review, the Commission rendered a compliant decision for the first two measures and deemed the third measure not to constitute State aid, leading to the amicable closure of the case by the Secretariat."

"The successful closure of this case not only secured the continued operations of Kolubara B, the nation’s most important energy project," Gecic Law reported, "but it should also pave the way for more investment and job creation in the Serbian energy industry and beyond."

The Gecic Law team was led by Partner Bogdan Gecic and included Partner Nikola Aksic, Senior Associates Milusa Okiljevic and Marija Papic, and Associates Tatjana Sofijanic, Ivana Stojanovic, working together with Partner Dusan Rakitic of Specht & Partners' Belgrade office