On 25 June 2009 the European Commission (the “Commission”) selected the law firm Philippe & Partners for performing a study on “the liability of electricity transmission system operators for failing to supply” in Europe. The study aims at:

• Understanding liability of transmission system operators (“TSOs”) for all failures of supply (any type of supply failure, such as failure resulting from operation deficiencies, capacity curtailment, etc.);

• Analysing the way TSOs are insured against risks;

• Highlighting differences, common practices, good practices, etc. in the scrutinised Member States (“MS”);

• Determining to what extent such differences or practices affect the internal electricity market and/or hamper competition; and

• Assessing whether a Europe wide approach is recommendable.

The study covered eight MS, namely Poland, the Netherlands, Denmark, Italy, France, Germany, the United Kingdom and Czech Republic. The study can be downloaded at the EU Energy Website