Case

On 8 February 2011, the Energy Community Secretariat sent an Opening Letter to Kosovo* in accordance with Article 12 of the Rules of Procedure for Dispute Settlement. In the Opening Letter, the Secretariat takes the preliminary view that Kosovo* failed to fulfill its obligations under the Energy Community Treaty by not adopting legislation prohibiting State aid and enforcing that prohibition.

Procedure

By sending an Opening Letter, the Secretariat initiates a preliminary procedure, the purpose of which is giving the Party concerned the possibility, within two months, to react to the allegation of non-compliance with Energy Community law, and enabling the Secretariat to establish the full background of the case.

According to Articles 6 and 16 of the Rules of Procedure for Dispute Settlement, interested parties may be granted access to the case file and may submit written observations on the present case to the Secretariat within one month from 8 February 2011.

Kosovo* adopted a State Aid Law and formally established the enforcement institution, State Aid Commission, assisted by the State Aid Department (Law No. 05/L-110). The Law is generally in line with the acquis. Since the State Aid Commission is generally operational and has rendered its first decision in the energy sectors, the Secretariat decided to discontinue the case.