Capacity Reservations at Interconnectors: An Analysis under EU Competition and EU Energy Law

Abstract

This article analyzes the capacity reservation at interconnectors as regulatory measures adopted by the EU Member States and the Contracting Parties of the Energy Community Treaty. These measures will be examined under competition rules as well as under energy law. Even though these measures are adopted with the legitimate goal of ensuring security of supply, they infringe upon the non-discrimination principle and jeopardize the cross-border trade and the establishment of regional electricity markets. Finally, this article analyzes the possible justification under PSO provision, in case these measures do not fall under competition law, because they are attributable to the state in question, and if they satisfy the strict conditions provided under Article 3 of Directive 2003/54/EC.