Judgment of the Court (First Chamber) of 15 September 2011 — European Commission v Slovak Republic

(Case C-264/09) (1)

(Failure of a Member State to fulfil obligations - Energy - Internal market in electricity - Directive 2003/54/EC - Investment contract - Bilateral agreement on the protection of investments concluded prior to accession to the European Union - Article 307 EC)

2011/C 319/02

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: O. Beynet, F. Hoffmeister and J. Javorský, Agents)

Defendant: Slovak Republic (represented by: B. Ricziová, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 9(e) and 20(1) of European Parliament and Council Directive 2003/54/EC of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) — Priority access of an operator to part of the cross-border electricity transmission capacity — Infringement of the obligation to ensure non-discriminatory access for transport and distribution networks

Operative part of the judgment

The Court:

(1)  OJ C 282, 21.11.2009.