Home / Information / EC Temporarily Suspends Proceedings Against Croatia Due to the INA Privatization Law

EC Temporarily Suspends Proceedings Against Croatia Due to the INA Privatization Law

The European Commission decided on Thursday to temporarily suspend proceedings against Croatia before the EU Court regarding the INA privatization law, as the Croatian government has meanwhile published a draft of a new law that could eliminate the reasons for this procedure.

The Commission referred the case against Croatia to the Court on July 13 last year because it had not aligned the 2002 Law on the Privatization of INA-Industrija nafte with EU regulations on the free movement of capital and the freedom of establishment.

Since then, Croatian authorities have discussed with the Commission the amendments necessary to align the INA Law with EU regulations, the Commission states, adding that a draft amendment to the said Law has recently been submitted, which would address the main concerns of the Commission with additional adjustments.

>>> EC: Original Goal of Juncker’s Plan Exceeded

“Croatian authorities have also submitted a plan for its adoption to find a solution before a possible ruling by the Court. The Commission therefore believes that the referred case should be put on hold until the amendment to the INA Law is adopted,” the Commission announced.

For the Commission, the contentious issue in the INA Law is that special powers have been granted to the state in this company, including the right to veto company decisions regarding the sale of shares or assets above a certain value. Likewise, the state can oppose important decisions of INA’s management, such as changes in the company’s activities, granting concessions or authorizations, and changing the address of its headquarters.

“The Commission believes that such an unconditional veto right exceeds what is necessary to protect energy supply security and is therefore disproportionate,” the Commission announced on July 13 last year when it referred the case to the EU Court.

EC: Record Number of Trade and Investment Barriers, Protectionist Wave Rising

At that time, the Croatian government issued a statement highlighting that this law is a complex issue related to energy security.

“Amendments to the INA privatization law are a very complex issue precisely because they relate to energy security, which is why we link the alignment of the INA privatization law with the process of resolving overall shareholding relations in INA and the ongoing arbitration procedure,” the government stated in July last year.