2024-04-04 13:08:26
On Wednesday, the government approved a position in the case of the European Commission against the Bulgarian Energy Holding, “Bulgargaz” and “Bulgartransgaz”.
The Council of Ministers agrees to take all procedural actions to ensure the protection of the rights and interests of the Republic of Bulgaria in connection with the case.
This is actually the second round of the EC case against the Bulgarian energy companies.
On October 25 last year, the General Court of the European Union overruled the decision of the European Commission in the “BEH Gas” case, with which the commission sanctioned “Bulgarian Energy Holding”, “Bulgargaz” and “Bulgartransgaz” for abuse of a dominant position, preventing access to the Bulgarian gas infrastructure and the storage facility in Chiren in the period from 30/07/2010 to 01/01/2015. The decision of Brussels was on appeal by “Overgaz” and imposed a penalty of around 77 million euros. It was decided on 17/12/2018.
The Bulgarian companies, supported by the state (intervening as an interested party), appealed to the General Court of the EU and won, the magistrates overturned the EC’s decision on October 25 last year. The decision of the General Court can be appealed to the Court of Justice of the EU only on legal issues.
On February 1, the Republic of Bulgaria was served with an appeal filed by the European Commission against the decision of the General Court in the case of October 25, 2023. This necessitates the adoption of a position to protect the interests of BEH Group and its subsidiaries. The approved position of the Bulgarian state supports the court’s conclusion that the discussions regarding the renegotiation of the 2005 transit agreement “have no probative value” for proving abuse under Article 102 of the Treaty on the Functioning of the European Union.