The European Commission (EC") has launched an infringement
proceeding against Hungary in July 2018. According to the EC, the
Hungarian law excludes certain cost types from the electricity and
internal gas network charges, which are in infringement of the
prescribed cost recovery plan set out in the Directive of
Electricity and Internal Gas. In addition, the EC also stated that
Hungary had accepted certain amendments in its electricity
legislature that restricts the right of market operators to ask for
a complete judicial review on the decision of network charges of
the national regulatory body.
The EC had sent its letter of formal notice in 2015, followed by
its two reasoned opinion in December 2016 and April 2017 to Hungary
concerning this topic. Due to the fact that the Hungarian
legislative measures taken thereafter still do not comply with to
the EU legislation, the EC decided to transmit these questions to
the European Court of Justice.
