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The Baltic Cable Case: A New Level Playing Field for Single Interconnector Transmission System Operators? (C-454/18 Baltic Cable)

Silke Goldberg, Chris Davis


Keywords: interconnector, regulation, congestion, use of revenue, TSO

Case C-454/18 Baltic Cable AB v Energimarknadsinspektionen, Judgment of the Court of Justice of the European Union (Third Chamber) of 11 March 2020
The Court of Justice recently considered the application of use of congestion revenue regulations on the Baltic Cable electricity interconnector. The questions arose on referral from the Swedish Administrative Court after the owners of Baltic Cable contested decisions of the regulator, which severely restricted their use of revenues. The Court’s judgment is significant as it clarifies that (i) single interconnector transmission system operators are classified as transmission system operators in the same way as those that operate a wider transmission system (potentially bringing both additional rights and obligations for those single interconnector operators); and (ii) the regulatory regime must be interpreted differently for single interconnector transmission system operators in order to avoid discrimination.

Silke Goldberg, Partner and Chris Davis, Senior Associate, Herbert Smith Freehills LLP, London. For correspondence: <> and <>.


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