BRUSSELS, July 21. /TASS/. The European court of justice has lifted the interim measure on the claim of Poland on access to the OPAL gas pipeline. This is stated in the court’s decision, published on its website.
“The President of the basic court rejects application to suspend the execution of the decision of the European Commission (EC) that 50% of the transport capacity ОPАL subject to the bidding procedure. The plaintiffs have not shown that the harm caused by the contested decision are serious and irreparable, and therefore this decision remains applicable until the judgment on his legitimacy,” explained the court its decision.
In October 2016, “Gazprom” has agreed with the EC on the maximum use of capacities of the OPAL gas pipeline for transit to Central Europe supply the “Nord stream” gas. Before that, the Russian gas holding company had access to only 50% capacity. The EC decision to exclude 50% of the capacity of OPAL from the Third energy package has given “to Gazprom” the opportunity to acquire quotas by 40%. Since December, Gazprom began to build the download OPAL by buying power at the auctions.
However, the Polish energy company PGNiG and the Polish government appealed against the EC decision at the European court, with the result that at the end of December 2016, the decision on expansion of access of “Gazprom” to the OPAL pipeline was suspended under interim measures. Auction of transportation in January has already taken place, the February auction failed to hold because of the court injunction. Prior to this, the EC stated that it is convinced of the legality of its decision on the OPAL, since it is in full compliance with the norms of the Third energy package of the EU.
Earlier, the head of the Polish energy company PGNiG Piotr Wozniak announced that the European court has blocked the auctioning of additional capacity of the OPAL gas pipeline until March 2018. According to him, the decision adopted by the court in düsseldorf.
The gas pipeline OPAL with a capacity of 36 billion cubic meters a year connects Nord stream with the gas transmission system in Central and Western Europe. Gas flows to Germany to the Czech border.