Court of Justice 3 April 2025, C-87/24 (AS „Gaso” and AS „Conexus Baltic Grid” v Sabiedrisko pakalpojumu regulēšanas komisija.)

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The Advocate General's opinion addresses the interpretation of Article 41(8) of Directive 2009/73/EC and Article 13 of Regulation (EC) No 715/2009 concerning the calculation of tariffs for access to natural gas transmission and distribution networks. The core legal dispute involves the adequacy of the rate of return on capital set by the Latvian regulatory authority, which the applicants argue is insufficient to provide appropriate incentives for investment in infrastructure, potentially infringing EU law. The opinion highlights the need for national regulatory authorities to ensure that their methodologies align with EU directives and adequately reflect the principles of non-discrimination and cost-reflectiveness in tariff-setting.AI