Poland Offers Support in German Anti-NS 2 Case

Polish state controlled PGNiG and its German subsidiary PGNiG Supply & Trading wrote to the Dusseldorf Higher Regional Court to express willingness to participate in the proceedings regarding Nord Stream 2's derogation from the European Union's Third Energy Package.

Gazprom, the sole owner of Swiss-based Nord Stream 2 AG, is appealing the decision by the European Union General Court, enforcing a German regulatory decision of May 15 that will confine Gazprom to half the pipeline's 55bn m³/yr capacity on competition grounds.

"Active participation in the proceedings will ensure PGNiG and PST the right to participate in hearings, access to the files of court proceedings and the right to comment on the positions presented by the parties: Nord Stream 2 AG and the German energy market regulator. In the view of the PGNiG Capital Group, this form of participation in the proceedings will be the most effective way to safeguard the interests of the companies and the Republic of Poland," the company said.

"The letter sent by the companies is in line with the current strategy of the PGNiG Capital Group and the Republic of Poland to present by all available legal means the negative consequences of the Nord Stream 2 project for the security of supply and competition on the gas market in central and eastern Europe," it said.

Poland argues that Gazprom wanted to use the pipeline without third party access, unbundling or applying transparent and market tariffs. Gazprom has argued among other things that other third-party offshore lines into the EU do not have to do that; that EU regulations do not extend offshore; and that it could not have foreseen discriminatory behaviour when it started building the line, which is now almost complete.