Creative Commons

This dissertation was written as a part of the MSc in Energy Systems at the International Hellenic University and as the main subject of the dissertation is to present and analyze the current legal and regulatory energy market framework which allows to the Third Parties to access the energy market. The dissertation will deploy an analysis under the legal framework of the European Union and will focus on the electricity and natural gas direction of the energy market. The introduction presents a short overview of the key issues to be analyzed and examined in this dissertation. Chapter one presents the regulatory scheme of the internal Electricity Market in the European Union, by introducing a historic review of the Energy Market and the efforts towards liberalization, while shortly presents the legislation acts which led us to the TPA right and the IEM as we know it in our days. The second chapter introduces us to a short analysis of the E-Directive, 2009/72/Ec, being followed by an analysis of Directive 2009/73/EC in Chapter 03. Both chapters will present an analysis on the Internal Energy Market Directives, which envisage the TPA right. Chapter 4 analyses- the Third Party Access Right (TPA right) and its concept and legal basis. Since the Third Parties Access right is crucial for the European energy market, we will examine the concurrence between competition and sector rules and the circumstances under which economically independent energy operators have a legally enforceable right to access and use energy networks developed by other companies. The Chapter 4 also deals with the exceptions- in relation to essential facilities doctrine and refusal of access, as a concept of Competition Law. Within this chapter, a showcase of the current situation in the energy market, will take place in the light of the TPA right and the relevant EU Directives and we will identify the common points and objectives and the extent to which Greece provides a context leading to implementation of the TPA right and the principles of the EU energy directives for a liberalized energy market. - 5 - Finally, the last chapter presents the conclusions of this research and suggests possible amendments to create a concept, based on the provisions of the Energy Law and Competition Law, which could offer the best applicable framework leading to a liberalized and efficiently functioning energy market.