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1. @JulianRoepcke, has a scoop on Nord Stream 2. He indicates that Germany is not complying with the 2019 amendment to the Gas Directive. Flagrant non-compliance of EU law makes Germany liable to interim measures and for Francovich damages liability.
2. In essence what @JulianRoepcke , alleges that the key 23rd May 2019 commencement date-the date from which all completed import pipelines have to comply with EU law, has been removed from the draft German bill. It appears therefore that Nord Stream 2 escapes from the Directive
3. This is a clear failure to comply with Union law. National implementing legislation has to implement the substance of Union law. You do not get to miss out the bits you do not like. There are some significant legal and political consequences.
4. One issue which may have been overlooked is that all Member States are privileged actors in EU court. They can bring their own direct proceedings against another MS. Germany is inviting that level of legal response.
5. On 10th September Poland successfully struck down the OPAL exemption decision in EU Court. Germany is inviting Poland to initiate litigation against it. But this time seeking an expedited procedure to dispose of the case.
6. It would be difficult in such circumstances for the Commission under a German President not to also initiate its own proceedings, and seek to move at speed to ensure full and complete compliance with Union law.
7. German courts are also likely to prove difficult. The national implementing law is usually read in context with the actual Directive it is implementing. German courts may well read the date limitation into the Directive.
8. A further problem with this move is that it undermines Germany's moral credibility on Nord Stream 2. Berlin has been telling Washington that the pipeline should be dealt with under EU law there is no need for sanctions.
9. By flagrantly infringing EU law, Germany has strengthened the case for Congress to enact its targeted sanctions regime. Congress may well move fast to impose sanctions.
10. There is also the prospect of Francovich liability for Germany. If Germany by violation of EU law inflicts economic damage on a third party prima facie we have Francovich damages claim
11. Germany could face paying out to energy companies and consumers across CE Europe for the damage inflicted by Nord Stream 2.
12. This proposal is an immense own goal and will further undermine credibility and trust in the project
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