Nord Stream 2 – rosyjsko-niemiecka gra o wyłączenie spod prawa unijnego
Nord Stream 2 - Russian-German game for Exclusion from EU Law

Author(s): Ryszarda Formuszewicz, Szymon Kardaś
Subject(s): Energy and Environmental Studies, Environmental and Energy policy
Published by: OSW Ośrodek Studiów Wschodnich im. Marka Karpia
Keywords: Nord Stream 2; German-Russian coooperation; German anergy policy;
Summary/Abstract: The upcoming settlement in the case of NS2 will be an important test for the EU energy law. From the outset, Germany was reluctant to amend the gas directive, which would allow the Baltic gas pipeline from Russia to be covered by the regulations of the third energy package. When implementing its provisions into German law at the end of 2019, they allowed for a broad interpretation of the condition for completing the investment. On the other hand, Russia has not only consistently criticized all EU law regulations restricting Gazprom's ability to operate on the European market, but has also taken political, propaganda and legal actions aimed at neutralizing EU restrictions. The Russian side, through Nord Stream 2 AG, also appealed against the amendment to the gas directive before the Court of Justice of the European Union and initiated arbitration proceedings, accusing EU institutions that the adopted regulations violate the Energy Charter Treaty. At the same time, the Nord Stream 2 project was the subject of regular consultations between Moscow and Berlin. There are also many indications that a possible positive decision by the German regulator may be the result of a broader German-Russian political agreement, including not only bilateral energy cooperation, but also the transit of Russian gas through Ukraine.

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