For Nord Stream 2 AG, this lawsuit may turn out to be nothing more than fist-pumping after a fight.
Court of Justice of the European Union recognized as “partially admissible” consideration of the lawsuit of the company Nord Stream 2 AG, which intends to challenge the EU gas directive. This is stated in the court notice dated July 12.
Nord Stream 2 AG, which is the operator of the controversial Russian gas pipeline Nord Stream 2, is trying to challenge the European Gas Directivewhich was adopted in April 2019 by the Council of the European Union, and extended EU gas market rules to pipelines laid from countries outside the Commonwealth.
According to the directive, parts of pipelines that go from third countries to the territory of the European Union (in particular in internal waters) must meet the requirements that apply to internal EU pipelines.
This meant that the Nord Stream-2 operator company had to become independent from Gazprom, and 50% of the pipeline's throughput capacity had to be reserved for alternative suppliers. Exceptions were provided for, but with the approval of the European Commission.
In 2020, the European Court of Justice rejected a lawsuit by Nord Stream 2 AG, which tried to challenge this directive.
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The first instance decided that the directive itself could not create obligations for Nord Stream 2 AG and therefore create consequences , and, accordingly, – to be the subject of consideration in court.
However, as a result of the appellate review of the complaint, the decision of the first instance has now been canceled.
And therefore, the court should consider the claim of Nord Stream 2 AG and to make a decision on the merits of the claim.
However, even in the most optimal option – if the consideration of the claim brings Nord Stream 2 AG at least some dividends, it will have no effect on the Nord Stream 2 project.
Depending on the results of the review, the lawsuit may have precedential consequences in the future, if a similar situation theoretically arises, when the operator of a gas pipeline from a third country is obliged to comply with the EU gas directive.
However, the lawsuit still needs to be won. And for Nord Stream 2 AG itself, this lawsuit is waving fists after a fight.
As you know,after Russia's invasion of UkraineUS Deputy Secretary of State Victoria Nuland called Gazprom's Nord Stream 2 a dead piece of metal at the bottom of the sea.
The international community has repeatedly warned the Russian Federation that armed aggression against Ukraine will put an end to the Nord Stream 2 project.
In particular, in January 2022, the official representative of the State Department NedPrice stated on the air of the National Public Radio station: “I want to convey extremely clearly: if Russia invades Ukraine in one way or another, the implementation of Nord Stream 2 will not budge. We want this to be extremely clear.”
In addition, itself Nord Stream 2 AG later declared itself bankrupt.
Also, it is worth mentioning that Europe has taken a course to abandon Russian energy sources. Currently, an embargo on Russian oil has been adopted. And in 3-4 years Russia will completely lose the European gas market.
