Application for Precautionary Certification as Independent Transmission System Operator Submitted
June 24, 2021 | Zug, Switzerland | On 11 June 2021, following the request of the German Federal Network Agency (Bundesnetzagentur –BNetzA), Nord Stream 2 AG submitted an application for a precautionary certification as an independent transmission system operator in accordance with sections 4b, 10 et seqq. of the German Energy Industry Act (EnWG).
In the meantime, Nord Stream 2 AG continues its ongoing litigation and arbitration proceedings in relation to the 2019 enacted amendments of the EU Gas Directive (2019/692), namely the appeal against the rejection of its application for a derogation at the German courts currently pending with the Düsseldorf Higher Regional Court (OLG Düsseldorf, File no. VI-3 Kart 211/20 [V]), the action for annulment at the Court of Justice of the EU (the appeal currently pending at the Court of Justice, Case C-348/20 P), and the ongoing arbitration proceedings concerning breaches of the Energy Charter Treaty by the EU in the light of the amendments to the Gas Directive.
The application for certification by Nord Stream 2 AG does not imply any change or moderation of Nord Stream 2 AG’s legal position on the amended Gas Directive or the objectives that it continues to firmly pursue with the aforementioned litigations/arbitration.