| News
Swissgrid has obtained a significant judgment from the General Court of the European Union (EGC). The court annulled a decision made by the European Commission in December 2020 that prevented Swissgrid from participating in the European control energy platforms.
The EGC came to the conclusion that the contested decision, which mainly concerned Swissgrid’s exclusion from the TERRE platform, had been adopted by an authority that was not competent within the European Commission. In the court’s opinion, the decision should have been made collectively by all the Members of the College of Commissioners, as it required the examination of complex factual issues and the exercise of discretion. The court maintained that affected legal entities are entitled to expect decisions of this scope to be deliberated on and decided by the College of Commissioners as a whole.
Referral by the Court of Justice
This latest judgment follows the referral of the case back to the EGC by the Court of Justice of the European Union (ECJ). In its judgment of 13 February 2025, the ECJ decided that the exclusion of Swissgrid produced legal effects and must therefore be subject to judicial review. The ECJ overturned the earlier judgment of the EGC and referred the case back to the EGC for a new ruling. In its judgment of 4 February 2026, the EGC has now confirmed that the European Commission’s decision was inadmissible.
Significance for Swissgrid and the European interconnected grid
Switzerland is located at the centre of the European interconnected grid. Swissgrid has been working closely with other European transmission system operators for many years and has participated in several European platforms for the exchange of control energy, even making a significant contribution to certain aspects of their development. The aim of these platforms is to improve system security in grid operations in Europe by establishing joint control energy markets. The court’s ruling annuls the obligation of European transmission system operators to exclude Swissgrid from these platforms.
Swissgrid can now reapply to the European Commission and ask to participate in the relevant platforms. If an electricity agreement was in place, Swissgrid and Swiss providers of control energy would be authorised to participate and the legal dispute would become irrelevant.