"The court's decision has no connections with sanctions. The European Commission, which allowed Gazprom to use 90% of the capacities of the OPAL pipeline, proceeded from the fact that the Russian monopolist had sought this before introduction of sanctions. In addition, energy supplies are not officially in the European Union list of sanctions. This is their "iron" logic. But this step goes against the interests of Poland and Ukraine. Unfortunately, there are more often situations in the EU which recall following statement: every law has a loophole. Initially, when Poland appealed to the European Court through the European Commission's decision to open OPAL for Gazprom, the court partially satisfied the request of Warsaw. The decision of the European Commission was suspended. But now the court has changed its position", - Gonchar said.
According to him, the ruling of the German court will reduce gas transit through Ukraine.
"Of course, this decision will heart us. Withdrawal by Germany of a ban on the use of the OPAL pipeline by Gazprom will reduce gas transit through Ukraine. Although I do not think that the volumes will be decreased significantly. In winter, Gazprom tries to use more Ukrainian gas transportation system. But now the European Commission has created more opportunities for Gazprom to manipulate the directions and volumes of gas supplies", the source said.
In his opinion, Ukraine needs to join efforts with Poland to defend its own interests.
"Practically speaking, having allowed Gazprom to use the OPAL gas pipeline, the European Commission acts in the interests of Russia, a non-EU country. At the same time, the interests of Poland, a member state of the European Union, and Ukraine, the country with which Brussels has an Association Agreement, were ignored. And in this Agreement it is provided for that in such cases they should hold consultations. They were not held. The Ukrainian side must consolidate its efforts with the Poles. Such things cannot be left without reaction. After all, this gives Russia the green light to push implementation of the "Nord Stream - 2", Gonchar summed up.
For reference:
In October 2016, the European Commission lifted the ban on the possibility of use by Gazprom of free capacities of the OPAL pipeline, through which Russian gas is supplied to Germany and the Czech Republic.
On November 10, the Ministry of Foreign Affairs of Ukraine informed that the permission of the European Commission to increase the pumping of Russian gas through the OPAL pipeline bypassing Ukraine was a violation of the Association Agreement between Ukraine and the European Union .
Polish companies PGNiG and PGNiG Supply & Trading appealed against this decision through lawsuits in Düsseldorf court and the European Court of Justice in Luxembourg, which suspended the decision of the European Commission in December 2016.
Last week the court in Luxembourg denied Polish companies in imposition of restrictive measures, informs Reuters. According to the agency, the German court dismissed the Polish companies' claim to restrict Gazprom access to the OPAL pipeline.
On March 27, 2017, NJSC Naftogaz of Ukraine appealed to the General Court of the Court of Justice of the European Union in Luxembourg to sue the European Commission, demanding to cancel the decision of October 28, 2016 to expand the capacities of the OPAL pipeline.
