Case

On 20 December 2019, the Secretariat sent an Opening Letter to Kosovo* for non-compliance with the State aid acquis. The Secretariat takes the preliminary view that Kosovo* failed to comply with its obligations under the Treaty, in particular Article 18 and 19 thereof, because the Kosova e Re project contains elements of illegal State aid.

Reasoning

In its Opening Letter, the Secretariat assesses the contractual framework of the Kosova e Re project and preliminarily found that several measures contain elements of State aid which have not been notified nor assessed by the competent State aid authority.

Procedure

By sending an Opening Letter, the Secretariat initiates a preliminary procedure, the purpose of which is to give Kosovo* the opportunity to react to the allegation of non-compliance with Energy Community law within two months and to enable the Secretariat to establish the full background of the case.

According to Articles 7 and 17 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 during the preliminary procedure. All requests for information on this case should be addressed to the Deputy Director / Legal Counsel of the Secretariat at [email protected] or +43 1 535 2222 24 and should make reference to the case number ECS-4/19.