E.ON Foldgaz Trade (Judgment)

(Reference for a preliminary ruling — Internal market in natural gas –Directive 2003/55/EC — Article 25 — Directive 2009/73/EC — Articles 41 and 54 — Temporal application –Regulation (EC) No 1775/2005 — Article 5 — Capacity allocation mechanisms and congestion management procedures — Decision of a regulatory authority — Right to bring an action — Action brought by a company holding a natural gas transmission authorisation — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection against a decision of a regulatory authority)

REQUEST for a preliminary ruling under Article 267 TFEU from the Kúria (Hungary), made by decision of 2 July 2013, received at the Court on 25 September 2013, in the proceedings

composed of L. Bay Larsen, President of the Chamber, K. Jürimäe (Rapporteur), J. Malenovský, M. Safjan and A. Prechal, Judges,

after hearing the Opinion of the Advocate General at the sitting on 23 October 2014

The reference has been made in proceedings between E.ON Földgáz Trade Zrt. (‘E.ON Földgáz’) and the Magyar Energetikai és Közmű-szabályozási Hivatal (Hungarian energy and public utility service regulator, ‘the regulatory authority’), concerning the amendment by that authority of the rules of the gas network code (‘the network code’) relating to long-term reserve capacity and managing congestion.