2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involves UK Power Networks Services (UKPNS) challenging a decision by the Gas and Electricity Markets Authority to impose the duty of ensuring third-party access to the electricity network at Heathrow solely on UKPNS. The court scrutinized various issues including the definition of “system” and
Judgment
INDEX
A. Introduction, issue and conclusion 1-16 (i) The issue 1-8 (ii) The task of the High Court in this judicial review 9-12 (iii) The parties 13-15 iv) Conclusion and remedy 16 B. The electricity distribution network at Heathrow 17-25 C. The facts 26-41 (i) The agreements between UKPNS and HAL in relation to the system at Heathrow: The Distribution Agreement 26-31 (ii) The expression of interest by Hilton Hotels to take a supply of electricity from a new third party supplier 32-36 (iii) The complaint by HAL to the Authority 37-40 (iv) The position of HAL in relation to the system 41 D. The Decision: 31 st March 2014 42-53 (i) The Decision 42-43 (ii) The identification of the Leased Network as the “ system ” 44 (iii) The conclusion that there cannot be more than one DEH per network 45-48 (iv) The meaning of “ supply ” 49-50 (v) The test to be applied: “ Operation or control ” 51-52 (vi) The conclusion on the ability of UKPNS and HAL to reach voluntary agreement: The “workability” test 53 E. The challenge to the Decision and the proffering of undertakings by HAL 54-60 (i) The application for judicial review 54-55 (ii) Undertakings offered by HAL 56-58 (iii) The practical implications of HAL’s reservation of the right to terminate 59-60 F. The extent to which UKPNS is unable to perform its obligations as DEH without an agreement with HAL 61-67 (i) General warnings 61-62 (ii) UKPNS’ claims 63-65 (iii) HAL’s response 66-67 G. The Legislative Regime 68-105 (i) Introduction 68-69 (ii) EU Directive 2009/72: The policy as set out in the recitals 70-78 (iii) The relevant substantive provisions of the Directive 79-89 (iv) Implementing measures adopted in the United Kingdom 90-99 (v) Enforcement 100-102 (vi) Principles of interpretation to be applied to the domestic implementing legislation 103-105 H. The judgment of the European Court of Justice in Case C – 439/06 Citiworks 106-114 (i) The significance of the judgment 106 (ii) The facts of the case 107-108 (iii) The opinion of Advocate General Mazak 109 (iv) The judgment of the Court 110-114 I. Conclusion: What is the relevant “system” for the purpose of applying the duty to secure third party access? 115-120 J. Conclusion: Can there be more than one DEH per system? 121-133 K. Conclusion: The meaning of “supply” in Paragraph 1(1)(b) of Schedule 2ZA 134-142 L. Conclusion: Application of the “operation or control” test 143-153 M. Conclusion: The relevance of the “workability” test 154-159 N. Materiality