Holtrop S.L.P. blog

Francesco Cortesi

www.holtropslp.com

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The Platform for a New Energy Model presented yesterday a complaint against Spain before the European Commission for breaches of EU law, due to the lack of competition in its electricity sector and the incorrect implementation of EU legislation on the internal market.

The document, prepared by Holtrop S.L.P. lawyers, is the fourth in a series of six complaints against Spain, which have been or will be presented this year, for breaches of various provisions of European law by  regulations governing the Spanish electricity sector (as well as energy sector in general).

Spain, due to the incorrect implementation of Directive 2009/72/EC, still allows the energy market to keep working in an oligopolistic way, what has an impact on consumers, who pay the most expensive energy in Europe. This has a very negative impact on Spanish economy and constitutes a breach of EU law, and in particular with regards to competition law and internal market rules.

Through this complaint, the Platform for a New Energy Model asks the Commission to start infringements proceedings against Spain for breaches of Directive 2009/72/CE for not granting the effective separation between energy generators, distributors and suppliers and breach of article 56 TFEU, together with Directive 2009/72/EC, for the existing restrictions for providers of electricity generation, distribution and supply services.

Moreover in the opinion of the Platform’s lawyers the lack of free competition in the electricity market would entail a breach of article 106 TFEU.

Finally the new unification of the Spanish regulators will not grant independence of the regulatory authority for the electricity market and is thus contrary to Directive 2009/72/CE.

In the case in which the Commission believes there may be a breach of EU law then it will start an infringement procedure, requiring member state to provide information within 10 weeks.