Access Rights to European Energy Networks - A Construction Site Revisited

EU ENERGY LAW AND POLICY ISSUES - ENERGY LAW RESEARCH FORUM COLLECTION, 2nd Ed., B. Delvaux, M. Hunt and K. Talus, eds., Euroconfidentiel, 2009

27 Pages Posted: 18 Jul 2009 Last revised: 7 Nov 2014

See all articles by Alexander Kotlowski

Alexander Kotlowski

University of Oxford - Faculty of Law; University of Oxford - Pembroke College, Oxford

Date Written: September 1, 2009

Abstract

The paper examines the Third Party Access right embodied in the European Electricity and Gas Directives (2003/54/EC and 2003/55/EC), in the context of the recent cases decided by the European Court of Justice. First, the legal concept of the access right as a right ancillary to an energy supply contract, and the corresponding duties of system operators are explored. Second, anticompetitive effects of restrictions on connecting new customers to transmission systems as well as a distinction between ‘access’ and ‘connection’ are critically examined. Third, the paper considers the status of ‘private networks’ and the scope of energy systems to which, access requirements apply.

Finally, the paper discusses circumstances when competition law grants compulsory third party access to energy networks and where refusal of access constitutes an abuse of a dominant position enjoyed by energy undertakings. The ‘essential facilities’ doctrine and ‘refusal to supply’ cases are reviewed in relation to gas and electricity markets.

The full version of the paper is available as a Book Chapter

Keywords: Third party access, Electricity Directive 2003/54/EC, Gas Directive 2003/55/EC, connection, private networks, refusal to supply

JEL Classification: K21, K23, L12, L13, L43, L94, L95, D42, D43

Suggested Citation

Kotlowski, Alexander, Access Rights to European Energy Networks - A Construction Site Revisited (September 1, 2009). EU ENERGY LAW AND POLICY ISSUES - ENERGY LAW RESEARCH FORUM COLLECTION, 2nd Ed., B. Delvaux, M. Hunt and K. Talus, eds., Euroconfidentiel, 2009, Available at SSRN: https://ssrn.com/abstract=1434296

Alexander Kotlowski (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, Oxfordshire OX1 3UL
United Kingdom

University of Oxford - Pembroke College, Oxford ( email )

Oxford, OX1 1DW
United Kingdom

HOME PAGE: http://oxford.academia.edu/AleksanderKotlowski/

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