EU Judgment in Cases T-606/20 and T-607/20 Austrian Power Grid and others v ACER

Wednesday 15th February 2023

General Court

Judgment in Cases T-606/20 and T-607/20 Austrian Power Grid and others v ACER

(Energy)

The European Commission Regulation 2017/2195 on balancing of the electricity system provides for the implementation of several European platforms for the exchange of balancing energy. These platforms include, on the one hand, the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation (the “aFRR platform”) and, on the other hand, the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation (the “mFRR platform”) .

In accordance with the procedure laid down in Regulation 2017/2195 , all transmission system operators (“TSOs”) have submitted for approval by the national regulatory authorities (hereinafter “NRAs”) common proposals for the methodology for the implementation of the aFRR platform and the mFRR platform .

Following a joint request from the NRAs, the European Union Agency for the Cooperation of Energy Regulators (“ACER”) decided, under the same Regulation, on these proposals, as amended following exchanges and consultations between ACER, the NRAs and the TSOs. Thus, ACER adopted two decisions, one on the aFRR methodology and the other on the mFRR methodology (hereinafter the “ACER Decisions”), to which the methodologies in question, as amended and approved by ACER, were attached.

Austrian Power Grid, ČEPS, a.s., Polskie sieci elektroenergetyczne S.A., Red Eléctrica de

España SA, RTE Réseau de transport d’électricité, Svenska kraftnät, TenneT TSO BV and TenneT TSO GmbH appealed against the Decisions to the ACER Board of Appeal (hereinafter the ‘Board of Appeal’). Their appeals having been dismissed, they brought two actions before the Court of First Instance seeking annulment of the decisions of the Board of Appeal, in so far as they concern them, of certain provisions of ACER’s decisions and of the methodologies attached to them.

Background Documents T-606/20