ACER, Network Codes, the Unlawfulness of the Incremental Capacity Process for Gas Interconnection Projects: MEKH v ACER

The proper functioning and security of supply of gas in the internal market depend on different variables. One of them is adequate interconnection capacity between the Member States, allowing cross-border gas supply through pipelines from gas producers (now mainly foreign countries), to consumers throughout the EU. However, the decision to either create new capacity or improve incremental capacity at gas interconnection points often poses a dilemma. While it strengthens solidarity and price harmonisation in the internal market, it also limits the sovereignty of individual Member States to determine their security of gas supply.