Judgment_paragraph 82 · „Оvergas Mrezhi“ AD and „Balgarska gazova asotsiatsia“ v Komisia za energiyno i vodno regulirane (KEVR) (C-5/19)

82Since the storage obligations at issue in the main proceedings can, by their nature, concern only undertakings currently operating in the gas sector, the fact that the costs of those obligations are not borne by all energy companies cannot prove that the requirement to pass on those costs is discriminatory. It is nevertheless for the referring court to ascertain whether the financial burden of those obligations affects all natural gas undertakings and, if not, whether the resulting difference in treatment is justified objectively, and whether or not the rules for passing on that burden in respect of the undertakings in question are discriminatory (see, by analogy, judgment of 20 April 2010, Federutility and Others, C‑265/08, EU:C:2010:205, paragraphs 45 and 46).