Gas transit from the Russian Federation: Poland won the court to cancel Gazprom’s admission to the OPAL gas pipeline

On Tuesday the EU court canceled the European Commission decision allowing Gazprom to supply more gas through the OPAL gas pipeline, which connects Nord Stream (Gazprom's gas pipeline) with Germany.

“The court established the invalidity of the Commission’s decision on the approval of the change in the system for establishing exceptions for the use of the OPAL gas pipeline”, the court ruling said.

 “This decision was made in violation of the foundation of energy solidarity”, judges from Luxembourg decided.

This is about a decision of the European Commission on October 28, 2016, which allowed the wider use of the OPAL gas pipeline. Before that, Russians used half of its capacity.

Theoretically, the European Commission may appeal the decision of the court, but it should be limited only to legal issues, reports European Truth.

Poland said that the EC decision leads to the concentration in the hands of sources and means of gas supply “contrary to the principle of diversification of sources, supply routes and risk management of obstacles or the cessation of gas supplies”. As a result, the Polish government appealed this decision to the EU court:

“The EU court issued a verdict favorable to Poland on the use of the OPAL gas pipeline by Gazprom. The court canceled the decision of the European Commission allowing the Russian concern the right to use the gas pipeline to 100%”, the Polish Ministry of Energy said in a statement.

The Ministry noted that the court’s decision is the next event since the adoption of the Gas Directive, which limits Gazprom’s monopoly in Europe.