EGC Annuls Acer Decision On The Calculation Methodology Regarding Electricity Capacities

On 25 September 2025, the European Court of Justice ('EGC') upheld the action brought by both the Federal Network Agency, the national regulatory authority in Germany, and the Federal Republic of Germany, and annulled the decision of the European Union Agency for the Cooperation of Energy Regulators (ACER) on the method for calculating transmission capacities for electricity trading (day-ahead and intraday) in the so-called 'core region', which also includes Germany (case T-485/21).

Pursuant to the Regulation 2015/2022 establishing a guideline on capacity allocation and congestion management, ACER adopted on 30th November 2020 a methodology for sharing the costs of redispatching and countertrading in the core region. This core-region includes i.a. Germany, France, Austria and Poland. ACER adopted this decision since the national regulatory authorities of the Member States belonging to the Core Region were unable to agree on a proposal for a capacity calculation