Judgment_paragraph 36 · Vereniging voor Energie, Milieu en Water and Others v Directeur van de Dienst uitvoering en toezicht energie (C-17/03)

36To the extent to which the dispute in the main proceedings relates to State measures that are not attributable to the system operator, reference should also be made to Article 16 of the Directive. It follows from Article 16 that although, for the organisation of access to the system, Member States may choose between the negotiated access procedure and the single buyer procedure, both sets of procedure must be operated in accordance with objective, transparent and non-discriminatory criteria (AEM and AEM Torino, cited above, paragraph 57). Article 16 of the Directive thus prohibits Member States from organising access to the system in a discriminatory manner.