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Publishers Abstract:
The ruling of the Full Court in the present case, VEMW, APX en Eneco N.v. v. DTE, on the legality of so-called preferential or priority allocation of capacity rights on international electricity interconnectors is without doubt a landmark judgment for the European internal electricity and gas markets. It also has implications for other network sectors which have yet to complete the full transition from 'closed' national markets to fully liberalised, competitive and open European markets. In addition it sheds some light on the Court's approach to technical standards and harmonisation techniques, and finally, albeit almost by default, it raises issues with regard to the application of Article 86(2)EC, in conjunction with secondary legislation. The ruling is therefore of considerable significance, both within and beyond the energy sector. Details of the case are presented.
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