Official: Dusseldorf court removes limits on OPAL auctions

MOSCOW, Oct 13 (PRIME) -- The Higher Regional Court of Dusseldorf has fully removed prohibition on auctions for capacities of the OPAL pipeline, a spokesman for operator Opal Gastransport GmbH & Co. KG told PRIME on Friday.

“We can confirm that the Higher Regional Court of Dusseldorf has recalled all restrictions on auctions for OPAL capacities,” the official said. “Opal Gastransport GmbH & Co plans to auction all spare capacities on a monthly and annual basis.”

Under the third energy package, Gazprom has access to half of the OPAL capacities, or to 12.8 billion cubic meters. The European Commission decided in October 2016 that Gazprom will retain its right to use half of the pipeline’s capacity and will be given admission to auctions for another 40%. In December, Poland’s PGNiG challenged the decision saying it is a threat to safety of gas supplies to the E.U.

In December, the European Court of Justice suspended the commission’s decision and requested the commission and PGNiG provide additional data on the possible impact from Gazprom’s access to OPAL. But in July 2017, the Higher Regional Court of Dusseldorf and the European Court of Justice lifted an interlocutory injunction restricting Gazprom’s wider access to OPAL.

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