Decyzje w sprawie derogacji obu gazociągów Nord Stream jako ogniwo wielopoziomowego egzekwowania prawa unijnego
Decisions on the derogation of both Nord Stream gas pipelines as an element of the multilevel enforcement of EU law

Summary/Abstract: The decisions of the German regulator, Bundesnetzagentur, announced in the second half of May 2020, regarding the derogation from EU rules of the common gas market for Nord Stream and the refusal to grant it to Nord Stream 2, are a consequence of the amendment to the Gas Directive adopted on 17 April 2019, which is in line with a wider context. They contribute to the discourse on the validity of the EU regulatory regime in time and space, and also constitute an important example of the complex application of procedural and substantive law in the case of episodic regulation. They are accompanied by CJEU decisions rejecting the complaints of Nord Stream companies against the amendment to the Gas Directive and the announcement of procedural orders by the arbitral tribunal examining Nord Stream 2 AG’s complaint against the EU, co-determining the multilevel enforcement of EU law.

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