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Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)
ECLI:EU:UNKNOWN:62021CA0042
62021CA0042
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27.2.2023
Official Journal of the European Union
C 71/4
(Case C-42/21 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Competition - Abuse of dominant position - Rail freight market - Decision finding an infringement of Article 102 TFEU - Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company - Removal of a section of railway track - Concept of ‘abuse’ - Actual or likely exclusion of a competitor - Exercise by the General Court of its powers of unlimited jurisdiction - Reduction of the fine)
(2023/C 71/04)
Language of the case: English
Parties
Appellant: Lietuvos geležinkeliai AB (represented by: K. Apel, W. Deselaers and P. Kirst, Rechtsanwälte)
Other parties to the proceedings: European Commission (represented by: A. Cleenewerck de Crayencour, A. Dawes, H. Leupold and G. Meessen, acting as Agents), Orlen Lietuva AB (represented by: C. Conte, avvocato, and C. Thomas, avocat)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Lietuvos geležinkeliai AB to bear its own costs and to pay the costs incurred by the European Commission and by Orlen Lietuva AB.
(<span class="oj-super">1</span>) OJ C 98, 22.3.2021.