Energy sector – Belgian Constitutional Court judgments of 9 July 2013
On 9 July 2013 the Constitutional Court of Belgium has issued three judgments relevant to the energy sector and the organisation of the gas and electricity markets in Belgium.
One judgment concerns the annulment request submitted by the Flemish Government against various provisions of the Law of 8 January 2012, which implements the EU Third Energy Package into the Belgian Gas and Electricity Acts.
The most important consequence of the judgment is the confirmation by the Court, at least in the gas sector, of the Regions’ exclusive competence in the area of distribution activities, independent of the network through which such activities are performed. This has particular consequences for the so-called closed distribution systems and closed industrial networks.
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