ACER Board of Appeal adopted the Rules of Organisation and Procedure for appeals in 2019. These Rules (last amended in November 2023) establish the framework for the appeal process, ensuring efficient decision-making and upholding the procedural rights of the parties involved.
To support parties acting in compliance with the legal requirements and prepare their appeals in the most effective way, the Board of Appeal has adopted Practice Directions and a set of templates(cover sheet with general information, table of annexes, confidentiality request, announcement of appeal and a checklist).
Whilst they are not compulsory, the Board recommends their use to avoid possible delays or declarations of inadmissibility.
The Board of Appeal has also adopted Instructions to the Registrar which can be found in the box below.
The relationship of the Board of Appeal and the Agency in administrative terms is governed by the Administrative Arrangement.
The ACER Regulation grants ACER the authority to make individual decisions and establishes a Board of Appeal to handle appeals against specific decisions, outlined in Article 2(d). These include decisions related to:
requests for information;
approval of methodologies;
terms and conditions;
infrastructure; and
some aspects of wholesale market integrity and transparency.
Any natural or legal person may appeal an ACER decision that is addressed to them or is of direct and individual concern to them.
The Board of Appeal operates as an independent body to address complaints lodged against ACER decisions. It examines whether the appeal is valid and can either confirm ACER’s decision or remit the case back to the competent ACER body for further action.
Decisions taken by the Board of Appeal may as well be appealed before the Court of Justice of the European Union.
Board of Appeal
Composition and Independence
The Board of Appeal is part of ACER but at the same time independent from its administrative and regulatory structure. It is essential that members and alternates act independently and in the public interest.
The Board of Appeal is composed by six members and six alternates for a mandate of 5 years (renewable once).
Members and alternates are selected among current or former senior staff of the national regulatory authorities (NRAs), competition authorities or other national or EU institutions with relevant experience in the energy sector.
The Board designates its Chair and Vice-Chair from among its members. The Chair is responsible for presiding and allocating appeal proceedings, while the Vice-Chair steps in for the Chair in case of unavailability.
Board of Appeal
Registry of the Board of Appeal
To ensure the Board of Appeal operates smoothly and efficiently, a Registry has been established. The Registry supports the Board by managing the appeal process, handling correspondence and maintaining case files.
A word from Volker on his appointment as ACER Director ad interim (from 16 October 2025):
“I am honoured to be entrusted with leading ACER through this interim period from 16 October 2025 until the new Director is recruited. My main goal in the coming months is to ensure that the Agency continues to deliver on its mandate so that this transition is a time of consolidation - steadying the ship and preparing a solid foundation for the future.”
- Volker Zuleger -
ACER Director
Who is the ACER Director and what is the role of the Director?
ACER is managed and represented by its Director.
The Director’s term of office is five years. It may be prolonged by the Administrative Board once only, for a further five years.
Mr Volker Zuleger was appointed Director ad interim of ACER, following a decision by the Agency’s Administrative Board on 12 September. He took over as Director ad interim from 16 October 2025, ensuring the continuity of the service and the proper running of the Agency. He succeeds Mr Christian Zinglersen, who vacated the ACER Director post on 15 October to take up a new position elsewhere.
The Director represents the Agency vis-à-vis external stakeholders and ensures its internal functioning.
He adopts and publishes the official acts (opinions, recommendations and decisions), receiving a favourable opinion from the Board of Regulators.
He is responsible for drafting the annual work programme of the Agency and implementing it under the guidance of the Board of Regulators and the administrative control of the Administrative Board. The Director also draws up a preliminary draft budget and implements the Agency's approved budget.
ACER Director
ACER Director's bio & photos
Download high resolution photos of the ACER Director ad interim, Volker Zuleger:
The Annual Work programme contains ACER's multi-annual outlook, priorities and strategies.
It is prepared by the Director and adopted by the Administrative Board.
Work programme
The adoption process
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Before its adoption, the Administrative Board consults the European Commission and must receive a favourable opinion from the Board of Regulators on the regulatory outline.
After the adoption, the Administrative Board transmits the Work programme to the European Parliament, the Council of the European Union and the Commission.
Every year ACER produces a Consolidated Annual Activity Report (CAAR) describing the activities performed and the objectives achieved during the year, as indicated in the Work Programme.
Our perspective is European. Our overall purpose is to achieve a transition of the European energy system in line with political objectives set, reaping benefits of increased energy market integration across Europe, and securing low-carbon supply at least possible cost for European businesses and citizens.
ACER fosters a fully integrated and well-functioning Internal Energy Market, where electricity and gas are traded and supplied according to the highest integrity and transparency standards, so that EU consumers can benefit from a wider choice, fair prices and greater protection.
To achieve this, we work closely with the European Institutions, National Regulatory Authorities (NRAs), national governments and market players.
Over time, the Agency received additional tasks and responsibilities to better pursue the integration of the European internal energy market. With the latest provisions adopted in the Clean Energy Package (2019), the Agency has also further strengthened its responsibilities on the coordination with NRAs and cross-border cooperation.
Supporting the integration of the EU national energy markets, by developing common network and market rules, coordinating NRAs at European level, as well as by taking part in regional and cross-regional initiatives and organising working groups.
Monitoring the well-functioning and transparency of the EU internal energy market, in order to deter market manipulation and abusive behaviour. Since late 2011, the Agency has the specific mandate of overseeing wholesale energy trading.
Advising the EU Institutions on trans-European energy infrastructural issues. ACER also monitors the work of the European Networks of Transmission System Operators for gas and electricity (ENTSOG and ENTSO-E); issuing opinions on their EU-wide network development plans (TYNDP) and ensuring that these are aligned with the priorities set at European level.
To progress on these activities, the Agency can issue:
non-binding opinions and recommendations to NRAs, transmission system operators (TSOs), and the EU institutions;
binding individual decisions in specific cases and conditions about cross-border infrastructural issues;
draft framework guidelines (as in the case of network codes), on request of the European Commission.
ACER’s Strategy Delivery & Communications team and the Human Resources and Facilities team report directly to the ACER Director and play a central role in providing key support functions to the whole Agency in fulfilling its mandate, objectives and goals.
ACER’s surveillance activities contribute to causing deterrence against market abuse at European level. ACER’s efforts in creating deterrence are reinforced by the community of surveillance experts across Europe.
Specifically, ACER cooperates with surveillance experts from NRAs, energy exchanges, brokers, and financial authorities, in the effort of raising awareness about insider trading and market manipulation. This aims to ultimately contribute to the deterrence of market abuse. In addition, ACER discusses surveillance topics in Roundtable meetings with ACER’s stakeholders.
For further details on the venues used for ACER’s cooperation with surveillance experts and discussion of surveillance topics, consult our section on cooperation.
On a more global level, ACER also collaborates with the Federal Energy Regulatory Commission (FERC). Meetings with FERC are organised on an annual basis in order to discuss and exchange ideas on surveillance topics affecting both US and EU markets.
A global cooperation deterring against market abuse
