{
  "url": "https://openlegislation.uk/eu-decision-2006-770/annex/division-2/division-2.13",
  "json_url": "https://openlegislation.uk/eu-decision-2006-770/annex/division-2/division-2.13.json",
  "legislation": "eudn/2006/770",
  "legislation_title": "Commission Decision of 9 November 2006 amending the Annex to Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity (Text with EEA relevance) (2006/770/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2006-770",
  "path": "annex/division/2/division/2.13",
  "kind": "division",
  "number": "2.13",
  "heading": null,
  "text": "The financial consequences of failure to honour obligations associated with the allocation of capacity shall be attributed to those who are responsible for such a failure. Where market participants fail to use the capacity that they have committed to use, or, in the case of explicitly auctioned capacity, fail to trade on a secondary basis or give the capacity back in due time, they shall lose the rights to such capacity and pay a cost-reflective charge. Any cost-reflective charges for the non-use of capacity shall be justified and proportionate. Likewise, if a TSO does not fulfil its obligation, it shall be liable to compensate the market participant for the loss of capacity rights. No consequential losses shall be taken into account for this purpose. The key concepts and methods for the determination of liabilities that accrue upon failure to honour obligations shall be set out in advance in respect of the financial consequences, and shall be subject to review by the relevant national Regulatory Authority or Authorities.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2006/770/annex/division/2/division/2.13",
    "retrieved_at": "2026-11-01T15:17:25.506535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}