Georgiev, Todorov & Co has successfully defended the rights of concessionaire BMF Port Burgas – Burgas East 2 and Burgas West port terminals – in an administrative proceeding appealing against the Energy and Water Regulatory Commission’s decision under Art. 22 of Bulgaria's Energy Act in a dispute concerning direct connection to electricity grids.
In its judgment, the Court of Justice of the European Union upheld the legal argument put forward by Georgiev, Todorov & Co. – that, according to the firm, "directly connecting a consumer to the electricity transmission network shall be decided based on objective and non-discriminatory considerations, since this user is connected to an electrical substation which, under Directive 2009/72 and national law, falls within the scope of this transmission system."
The Administrative Court of the City of Sofia dismissed the electricity distribution operator’s complaint and maintained BMF Port Burgas’ right to connect directly to the grid. Included in the court’s decision was the following: “Community law does not create a legal barrier to electricity, which in this substation is converted from high to medium voltage directly from the transmission grid to the end user BMF Port Burgas, without the obligatory intermediate involvement of a distribution company.”
Georgiev, Todorov, & Co.'s team included Partner Miglena Peneva and Senior Associate Mariya Derelieva.