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Case T-319/20: Judgment of the General Court of 17 May 2023 — GGEW v Commission (Competition — Concentrations — German electricity market — Decision declaring the concentration to be compatible with the internal market — Action for annulment — Standing to bring proceedings — Admissibility — Obligation to state reasons — Concept of a ‘single concentration’ — Right to effective judicial protection — Right to be heard — Definition of the market — Period of analysis — Analysis of market power — Decisive influence — Manifest errors of assessment — Duty of diligence)
ECLI:EU:UNKNOWN:62020TA0319
62020TA0319
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Official Journal of the European Union
C 235/28
(Case T-319/20) (*)
(Competition - Concentrations - German electricity market - Decision declaring the concentration to be compatible with the internal market - Action for annulment - Standing to bring proceedings - Admissibility - Obligation to state reasons - Concept of a ‘single concentration’ - Right to effective judicial protection - Right to be heard - Definition of the market - Period of analysis - Analysis of market power - Decisive influence - Manifest errors of assessment - Duty of diligence)
(2023/C 235/36)
Language of the case: German
Parties
Applicant: GGEW, Gruppen-Gas- und Elektrizitätswerk Bergstraße AG (Bensheim, Germany) (represented by: I. Zenke and T. Heymann, lawyers)
Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by T. Funke and A. Dlouhy, lawyers)
Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller and S. Costanzo, acting as Agents), E.ON SE (Essen, Germany) (represented by: C. Grave, C. Barth and D.-J. dos Santos Goncalves, lawyers), RWE AG (Essen) (represented by: U. Scholz, J. Siegmund and J. Ziebarth, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2019) 1711 final of 26 February 2019 declaring a concentration to be compatible with the internal market and the EEA Agreement (Case M.8871 — RWE/E.ON Assets) (OJ 2020 C 111, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders GGEW, Gruppen-Gas- und Elektrizitätswerk Bergstraße AG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG.
3.Orders the Federal Republic of Germany to bear its own costs.
(*) Language of the case: German.
ECLI:EU:C:2025:140