German regulator said that “Nord stream – 2” did not meet the criterion of “project completion” to may 23, 2019, I disagree with what Nord Stream 2.
the Company insists that to may 23, 2019 the pipeline was completed from the point of view of economic functionality. On the basis of the current at the time of the legal framework, the company performed a return on investment of several billion euros before the EC announced its plan to change the Gas Directive.
Gas Directive limits 50% of the volume of gas flow for the owners of transport infrastructure, in this case, pipeline. The export of Russian natural gas deals with Gazprom, which is the owner of the “Nord stream-2”. According to the rules of the Gas Directive for this reason, the Russian company will be able to fill only half the pipeline.
Nord Stream 2 argue international legal experts that the narrowing of the definition of “project completion” prior to the conclusion of the physical construction of the pipeline will violate the protection of legitimate expectations and other fundamental rights in EU law.
furthermore it would be contrary to the constitutional guarantees of the Basic law.
“the Rejection of Nord Stream 2 (for exemption from the action of the Gas Directive) shows the discriminatory action of the amended Gas Directive the EU” – said in a statement.
Nord Stream 2 earlier filed a suit for cancellation of the amendments to the Gas Directive in the General court of the EU and conducts arbitration proceedings under the Energy Charter Treaty.
the company stressed that “Nord stream – 2” has received all necessary approvals and is implemented in accordance with the applicable national and international legislation. Operation of the pipeline “Nord stream – 2” will be carried out in accordance with the requirements of all applicable laws.
