Member States retain the right to determine the areas within their territory to be made available for the exercise of the activities of prospecting, exploring for and producing hydrocarbons.Ģ. An authorisation may be granted for each activity separately or for several activities at a time’.
Portal 2 rule 34 free#
Having regard to the written procedure and further to the hearing on 20 June 2012,Īfter hearing the Opinion of the Advocate General at the sitting on 20 November 2012,īy its application, the European Commission asks the Court to declare that, in failing to adopt the measures necessary to ensure that access to activities relating to the prospection, exploration and extraction of hydrocarbons is free of all discrimination as between interested entities and that the authorisations to carry out those activities are granted following a procedure in which all interested entities may submit applications in accordance with criteria published in the Official Journal of the European Union prior to the beginning of the period in which applications may be submitted, the Republic of Poland has failed to comply with its obligations under Articles 2(2), 3(1) and 5(1) and (2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons ( OJ 1994 L 164, p. 3).Īrticle 1(3) of Directive 94/22 defines ‘authorisation’ as being ‘any law, regulation, administrative or contractual provision or instrument issued thereunder by which the competent authorities of a Member State entitle an entity to exercise, on its own behalf and at its own risk, the exclusive right to prospect or explore for or produce hydrocarbons in a geographical area. B. Majczyna acting as Agents, with an address for service in Luxembourg,Ĭomposed of L. Bay Larsen (Rapporteur), President of the Chamber, J.-C. Bonichot, C. Toader, A. Prechal and E. Jarašiūnas, Judges, Republic of Poland, represented by M. Szpunar, M. Drwięcki and. ‛Failure of a Member State to fulfil obligations - Directive 94/22/EC - Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons - Non-discriminatory access’ĪCTION under Article 258 TFEU for failure to fulfil obligations, brought on 3 December 2010,Įuropean Commission, represented by K. Herrmann and M. Owsiany-Hornung, acting as Agents, Judgment of the Court (Fourth Chamber) of 27 June 2013.Įuropean Commission v Republic of Poland.įailure of a Member State to fulfil obligations - Directive 94/22/EC - Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons - Non-discriminatory access.
# Failure of a Member State to fulfil obligations - Directive 94/22/EC - Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons - Non-discriminatory access. # European Commission v Republic of Poland. Judgment of the Court (Fourth Chamber) of 27 June 2013.
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