The Supreme Administrative Court of the Slovak Republic requests the Court of Justice of the European Union for and interpretation of the Directive on Common Rules for the Internal Market for Electricity

10.09.2025
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The Supreme Administrative Court terminated the proceeding Case No. 8Svk/11/2024 on the 21 July 2025 and referred preliminary questions to the Court of Justice of the European Union on the interpretation of Article 8(1) and (3) in conjunction with Article 9(1) of the Directive on Common Rules for the Internal Market for Electricity. The questions concern the assessment of whether national legislation excluding small electricity producers operating under the simplified authorisation procedure under the Directive on Common Rules for the Internal Market for Electricity from access to statutory easements falls within the scope of European Union law and whether it is not contrary to the rules arising from European Union law.

A small electricity producer operating a small hydroelectric power plant in Liptovská Osada requested the registration of a statutory easement consisting of the right to lay utility networks within the designated extent of the protection zone and to carry out activities necessary to ensure the operation or network of real estate outside the built-up area of ​​the municipality that are not owned by it. The cadastral authority refused to register the statutory easement, stating that a statutory easement to other people’s land may arise only for an entrepreneur who has been issued a permit to do business in the energy sector pursuant to Section 6(2) of the Energy Act, but not for an entrepreneur in the energy sector based on the fulfillment of the notification obligation pursuant to Section 6(4) of the Energy Act. The Administrative Court in Banská Bystrica dismissed the electricity producer’s claim against the cadastral authority’s measure as unfounded.

The Court of Cassation was faced with a legal question concerning the interpretation of the term “licence holder” under Section 11(1) et seq. of the Energy Act. In resolving the legal question raised, it found that the national legislation of Section 6(4) and (5) of the Energy Act constitutes a transposition of Article 8(3) of the Directive on Common Rules for the Internal Market for Electricity, by which the national legislator enabled small electricity producers to conduct business on the basis of compliance with the notification obligation. However, the current interpretation and application of the national legislation does not allow energy entrepreneurs, conducting business on the basis of the simplified procedure under Article 8(3) of the Directive on Common Rules for the Internal Market for Electricity, to access statutory easements under Section 11(1) and (8) of the Energy Act, which are intended to facilitate the energy entrepreneur’s access to the market, its functioning on the market and the supply of electricity to the customer. However, this situation may, in the opinion of the Court of Cassation, be in conflict with Article 8(1) and (3) in conjunction with Article 9(1) of the Directive on Common Rules for the Internal Market for Electricity.

The local court therefore asked the Court of Justice to answer the questions referred for a preliminary ruling as follows:

“1. Does national legislation by which the national legislature has automatically excluded small electricity producers operating under the simplified procedure referred to in Article 8(3) of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 concerning common rules for the internal market in electricity and amending Directive 2012/27/EU from access to entitlements granted under national law corresponding to easements facilitating the conduct of business in the energy sector and granted to all other electricity producers fall within the scope of European Union law, having regard to Article 194(1)(a) of the Treaty on the Functioning of the European Union, Article 8(1) and (3) and Article 9(1) of the Directi&ve in question?

2. If the answer to the first question is affirmative, must Article 8(1) and (3) of Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 concerning common rules for the internal market in electricity and amending Directive 2012/27/EU be interpreted that it is precluded by national legislation by which the national legislature has automatically excluded small electricity producers operating under the simplified procedure referred to in Article 8(3) of that directive from access to the rights granted by national law corresponding to easements facilitating business in the energy sector and which it grants to all other electricity producers?”

This decision was taken unanimously by the Panel of the Supreme Administrative Court, and no appeal is admissible against it. The Court of Justice is currently considering preliminary questions in Case No. C-556/25.

This decision was made by Panel No. 8 of the Supreme Administrative Court, composed of: President of the Panel Mgr. Kristína Babiaková and the Judge JUDr. Anita Filová and the Judge JUDr. Rastislav Dlugoš, PhD.