Judgment_paragraph 47 · Vereniging voor Energie, Milieu en Water and Others v Directeur van de Dienst uitvoering en toezicht energie (C-17/03)

47On the question as to whether the measures in issue amount to discrimination contrary to the Directive, it should be borne in mind that the provisions of the Directive, which require that the action of the system operator and that of the State in creating access to the system should not be discriminatory, are specific expressions of the general principle of equality (see AEM and AEM Torino, paragraph 58; see also, by analogy, in regard to the second subparagraph of Article 40(3) of the EC Treaty (now, after amendment, the second subparagraph of Article 34(2) EC), Case C-280/93 Germany v Council [1994] ECR I-4973, paragraph 67, and, in the matter of defence against dumped imports from non-member countries, the judgment of 27 January 2005 in Case C-422/02 P Chemi-Con (Deutschland) v Council [2005] ECR I-791, paragraph 33).