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EU court to decide on Nord Stream 2 AG’s appeal within 12 months

The appeal challenges the General Court of the European Union’s decision to dismiss the company’s claim against the EU Gas Directive, which extends certain rules of the internal market in natural gas to pipelines from third countries

MOSCOW, July 31. /TASS/. Nord Stream 2 AG, the operator of the Nord Stream 2 gas pipeline construction project, expects responding arguments of the EU court for its appeal in respect of application of the Gas Directive norms. The court will issue the final judgment on the appeal within 12 months, the company’s press service told TASS.

"The EU will present counter-arguments for the appeal as the next step. The European Court will make the decision within the next 12 months. This decision will be confined to the issue of admissibility of the claim for consideration," the press service said.

Nord Stream 2 AG filed an appeal against the General Court of the European Union’s decision to dismiss the company’s claim against the EU Gas Directive, the press service of Nord Stream 2 AG told TASS on July 28.

On July 25, 2019, Nord Stream 2 AG initiated an action at the General Court of the European Union against Directive 2019/692, which extends certain rules of the internal market in natural gas to pipelines from third countries. The company argued that this directive constitutes an infringement on the EU law principles of equal treatment and proportionality. On May 20, the court ruled to dismiss the lawsuit for procedural reasons, but stopped short of rejecting it on merits.

Earlier, Nord Stream 2 told TASS it might file an appeal against the ruling until July 30.

In line with the amendments, Nord Stream 2 should be operated by a company independent from Russia’s energy giant Gazprom. Moreover, 50% of the pipeline’s capacity is to be reserved for pumping gas from other suppliers.

On May 15, the Federal Network Agency of Germany refused Nord Stream 2 AG in withdrawing the Nord Stream 2 project from the rules of the updated EU Gas Directive. The agency noted that the necessary condition for removing the pipeline from the rules of the updated Gas Directive was its implementation before May 23, 2019. On June 15, Nord Stream 2 AG appealed against the decision of the Federal Network Agency of Germany to the court in Dusseldorf, the company said earlier.

The Nord Stream 2 project includes the construction of two pipeline strings with a total capacity of 55 bln cubic meters per year from the coast of Russia through the Baltic Sea to Germany. To date, 93% of Nord Stream 2 has been finished.