The Court of Justice of the European Union provides answers to the questions referred to by the Constitutional Court of the Republic of Latvia regarding the connection of the users of natural gas to the transmission systems
On 24 February 2022, the Court of Justice of the European Union delivered its ruling in case C-290/20, providing answers to the questions referred to by the Constitutional Court of the Republic of Latvia in Case No. 2019‑28‑0103 “On Compliance of Decision No. 1/7 of 18 April 2019 by the Board of the Public Utilities Commission “Regulation on the Connection to the Natural Gas Transmission System for Biomethane Producers, Liquefied Natural Gas System Operators and Natural Gas Users” with Article 1, Article 64, Article 89 and the First Sentence of Article 105 of the Satversme of the Republic of Latvia as well as Section 45 (7) and Section 841 (1) of the Energy Law and the Compliance of Section 8410 (1) of the Energy Law with Article 64 of the Satversme of the Republic of Latvia” (hereafter – Case No. 2019-28-0103).
Pursuant to Article 68 of the Satversme of the Republic of Latvia, upon ratification of the Treaty on Latvia’s accession to the European Union, the European Union law has become an integral part of Latvia’s legal system. The Constitutional Court has recognised that, in clarifying the content of national regulatory enactments and in applying these, the legal acts of the European Union that reinforce democracy and the interpretation thereof, consolidated in the judicature of the Court of Justice of the European Union, must be taken into account.
The first part of Article 267 of the Treaty on the Functioning of the European Union provides that the Court of Justice of the European Union has jurisdiction to give preliminary rulings concerning the interpretation of the Treaties as well as the validity and interpretations of acts of the institutions, bodies, offices or agencies of the Union. Whereas accordance with the third part of this article, if such an issue has arisen in a case, examined by such a court of a Member State, the ruling of which, in accordance with the legal acts of the respective state, is not subject to appeal, it is obliged to turn to the Court of Justice of the European Union, requesting a preliminary ruling.
On 11 June 2020, the Constitutional Court decided in case No. 2019-28-0103 to refer a question to the Court of Justice of the European Union for a preliminary ruling. Legal proceedings in this case have been suspended until the ruling by the Court of Justice of the European Union enters into force.
The Constitutional Court must decide on reopening legal proceedings in Case No. 2019-28-0103.
Linked case: 2019-28-0103