The Court of Justice of the European Union has dismissed Nord Stream 2’s appeal against rules extending the EU gas-market framework to pipelines connecting member states with third countries.
The 2019 amendments apply obligations including the separation of gas supply from transmission-system operation, third-party access and transparency to qualifying offshore pipeline sections within EU jurisdiction. They also allow derogations, under conditions, for pipelines completed before 23 May 2019.
Nord Stream 2 AG challenged the amendments after the project, running from Russia to Germany through the Baltic Sea, fell within the revised framework. The Court of Justice previously revived part of the company’s action after the General Court had found it inadmissible. On remittal, the General Court rejected the claim on its merits in November 2024.
The appellate judgment delivered on 5 November confirms that result. The Court found no precise, unconditional and consistent assurance from EU institutions that the rules would not be extended to Nord Stream 2. The company therefore could not rely on legitimate expectations to demand a transitional period or compensation.
The Court also accepted that applying common rules to third-country pipelines avoids a regulatory gap and promotes consistency. It held that unbundling can prevent a dominant supplier from influencing transmission and distribution simultaneously. The apparent lack of current third-party demand does not defeat the access obligation, which protects both existing and future requests. Nord Stream 2’s corporate structure could not be used to neutralise the unbundling rule.
The appeal is dismissed and the General Court’s judgment stands, leaving the contested gas-market requirements in force.
Official Court of Justice release and judgment link
