Gas & Electricity Markets Authority (appellant) v SSE Generation Ltd & ors (respondents)

Thursday 22nd September 2022

Part heard from the 19th July 2022. By the Appellant’s Notice filed on 3 May 2022, the appellant, the Gas and Electricity Markets Authority (“GEMA”) (interested party below) appeal the decision of Swift J dated 11 April 2022, which allowed SSE Generation Ltd & Ors’ (respondents/claimants below) claim for judicial review on Ground 1, and granted interim relief by directing the Competition and Markets Authority (“CMA”) (defendant below) to allow the appeal against GEMA’s decision of 17 December 2020.

Background: – GEMA is the gas and electricity markets regulator for Great Britain. These proceedings arise out of two related decisions taken by GEMA on 17 December 2020, the effect of which was to approve certain changes to the Connection and Use of System Code (the “CUSC”). The CUSC is a multilateral contract between participants in the electricity industry in GB which, amongst other matters, governs charges for electricity transmission in GB. On 30 March 2021, the CMA dismissed a statutory appeal against the GEMA Decisions (the “CMA Decision”).

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