Judgment_paragraph 2 · Nord Stream 2 AG v European Parliament and Council of the European Union (C-348/20 P)

2The directive at issue amended 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). Recitals 1 to 4 and 9 of the directive at issue are worded as follows:(1) The internal market in natural gas, which has been progressively implemented throughout the [European] Union since 1999, aims to deliver real choice for all final customers in the Union, be they citizens or businesses, new business opportunities, fair conditions of competition, competitive prices, efficient investment signals and a higher standard of service, and to contribute to security of supply and sustainability.(2) Directives 2003/55/EC [of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57),] and [2009/73] have made a significant contribution towards the creation of the internal market in natural gas.(3) This Directive seeks to address obstacles to the completion of the internal market in natural gas which result from the non-application of Union market rules to gas transmission lines to and from third countries. The amendments introduced by this Directive are intended to ensure that the rules applicable to gas transmission lines connecting two or more Member States are also applicable, within the Union, to gas transmission lines to and from third countries. …(4) To take account of the lack of specific Union rules applicable to gas transmission lines to and from third countries before the date of entry into force of this Directive, Member States should be able to grant derogations from certain provisions of Directive [2009/73] to such gas transmission lines which are completed before the date of entry into force of this Directive. ……(9) The applicability of Directive [2009/73] to gas transmission lines to and from third countries remains confined to the territory of the Member States. As regards offshore gas transmission lines, Directive [2009/73] should be applicable in the territorial sea of the Member State where the first interconnection point with the Member States’ network is located.…’