Key facts of the case:
Reference for a preliminary ruling — Internal market for electricity — Directive 2009/72/EC — Transmission of electricity — Concept of ‘transmission system operator’ — Regulation (EC) No 714/2009 — Interconnector — Transmission line connecting the national transmission systems of the Member States — Article 16(6) — Scope — Use of revenues resulting from the allocation of interconnection capacity — Undertaking which merely operates a cross-border high-voltage power line connecting two national transmission networks.
Outcome of the case:
On those grounds, the Court (Third Chamber) hereby rules:
69) In order to draw conclusions from the differences set out in paragraphs 66 to 68 above, it is important, in the first place, to take into consideration Article 16(1) of Regulation No 714/2009, pursuant to which, inter alia, network congestion problems must be addressed with ‘non-discriminatory solutions’. That provision reflects the general principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union.