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EU court adviser says Nord Stream 2 can challenge EU rules By Reuters

by Mike Robinson

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© Reuters. FILE PHOTO – A sign points traffic toward the Nord Stream 2 gasline landfall facility entrance at Lubmin, Germany. September 10, 2020. REUTERS/Hannibal Hanschke/File Photo

BERLIN (Reuters). BERLIN (Reuters). The Nord Stream 2 AG, a Swiss-based gas company, is allowed to contest EU gas rules. A senior adviser to the EU’s highest court stated Wednesday that it should cancel last year’s decision against the operator of the pipeline.

The finding, if confirmed by the Court of Justice of the European Union (CJEU), would give Nord Stream 2, a project led by Gazprom (MCX:), another avenue in its legal battle https://www.reuters.com/article/nordstream-gas-idAFL1N2R10JY to boost its gas sales to Germany.

Europe’s second highest court last year rejected a challenge https://www.reuters.com/article/us-gazprom-nordstream-court-eu-idUSKBN22W25N by the operators of Nord Stream 1 and Nord Stream 2 to EU gas rules that require the owners of pipelines to be different from the suppliers of the gas that flows in them.

According to the court, the Directive Amendment did not directly impact the pipeline and it was up to the EU member states to enforce the applicable EU laws.

On Wednesday, CJEU’s adviser said that the General Court’s decision was flawed.

CJEU Judges follow the opinion of the Advocate General, but they are not bound.

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