Art. 3 para. 3 Dir. 2009-72-EC

Member States shall ensure that all household customers,and, where Member States deem it appropriate, small enterprises(namely enterprises with fewer than 50 occupied persons and anannual turnover or balance sheet not exceeding EUR 10 million),enjoy universal service, that is the right to be supplied with electricity of a specified quality within their territory at reasonable,easily and clearly comparable, transparent and non-discriminatory prices. To ensure the provision of universal service, Member States may appoint a supplier of last resort. MemberStates shall impose on distribution companies an obligation toconnect customers to their network under terms, conditions andtariffs set in accordance with the procedure laid down inArticle 37(6). Nothing in this Directive shall prevent MemberStates from strengthening the market position of the household,small and medium-sized consumers by promoting the possibilities of voluntary aggregation of representation for that class ofconsumers.
The first subparagraph shall be implemented in a transparent andnon-discriminatory way and shall not impede the opening of themarket provided for in Article 33.