Commission v Moravia Gas Storage: ECJ 26 Mar 2015

Judgment – Appeals – Internal market in natural gas – Obligation of natural gas undertakings – Organisation of a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities – Temporary exemption for future underground gas storage facilities in Damborice – Commission decision – Order to withdraw the exemption decision – Directives 2003/55/EC and 2009/73/EC – Temporal application
‘A new rule of law applies from the entry into force of the act introducing it, and, while it does not apply to legal situations that have arisen and become definitive under the old law, it does apply to their future effects, and to new legal situations. It is otherwise, subject to the principle of the non-retroactivity of legal acts, only if the new rule is accompanied by special provisions which specifically lay down its conditions of temporal application.’
C-596/13, [2015] EUECJ C-596/13, ECLI:EU:C:2015:203, [2015] 3 CMLR 17
Cited by:
CitedO’Brien v Ministry of Justice SC 12-Jul-2017
The claimant challenged e pension arrangements made for part time judges.
Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a . .

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Updated: 24 February 2021; Ref: scu.545360