Judgment_paragraph 65 · Fondul Proprietatea SA v Guvernul României and Others (C-179/20)

65Consequently, since Article 15(4) of Directive 2009/72 provides solely for the possibility of granting a right of priority dispatching, that provision cannot serve as a legal basis for Member States to introduce a guaranteed right of access to the transmission systems. As for Article 16(2)(b) of Directive 2009/28, it does, it is true, refer to the possibility of establishing ‘guaranteed access’, but only as regards green electricity. It therefore cannot also serve as a legal basis for national provisions relating to guaranteed access for non-renewable energy generating installations.