Naftogaz of Ukraine wants to join Poland's lawsuit against Gazprom’s access to OPAL
NJSC Naftogaz of Ukraine requested that the European Court of Justice allow them to join the case on appeal by Poland's PGNIG Supply & Trading against the decision of the European Commission to expand Gazprom’s access to the OPAL gas pipeline, according to the Naftogaz website which reads: “According to the statute of the European Court of Justice, a legal entity can enter the case if it is able to prove an interest in the outcome of this case.”
In its request, Naftogaz specified the potential negative consequences of the decision made by the European Commission. Among these are the reduction of gas transit through Ukraine, the threat to the security of gas supplies to Ukraine due to the cessation of gas flows from Poland, the decline in the competitive position of Naftogaz, and the unexpected change in regulatory and market conditions regarding the company’s activity.
The admission of Naftogaz to the case on appeal will allow the Ukrainian company to provide additional arguments in the case and also gain official access to case files. In October, the European Commission approved the agreement authorizing Gazprom’s increased use of the OPAL gas pipeline to 70-80% from the previously agreed capacity of 50%.
PGNIG Supply & Trading has appealed this decision and the European Court of Justice has suspended the decision of the European Commission until the issuance of a ruling on this case. The decision of the European Commission allows Gazprom to increase the use of the OPAL gas pipeline and increase gas transit volumes through the Nord Stream pipeline, therefore bypassing Ukraine.