1By its application, the European Commission asks the Court to declare that:– by failing to take account of the costs actually incurred by network operators setting the charges for network access, Hungary has failed to fulfil its obligations under Article 14(1) of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ 2009 L 211, p. 15), as amended by Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 (OJ 2013 L 115, p. 39) (‘Regulation No 714/2009’), and Article 13(1) of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ 2009 L 211, p 36), as amended by Regulation No 347/2013 (‘Regulation No 715/2009’), and that,– by failing to establish a suitable mechanism guaranteeing the right to appeal against the decisions of the national regulatory authority, as provided for under Article 37(17) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ 2009 L 211, p. 55) and Article 41(17) of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ 2009 L 211, p. 94), Hungary has failed to fulfil its obligations under those provisions of Directives 2009/72 and 2009/73.
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