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Case C-484/23 P: Judgment of the Court (Fifth Chamber) of 26 June 2025 – Mainova v Commission (Appeal – Competition – Concentrations – Decision declaring a concentration compatible with the internal market – Action brought by a third party – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi)
ECLI:EU:UNKNOWN:62023CA0484
62023CA0484
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Official Journal of the European Union
C series
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C/2025/4427
18.8.2025
(Case C-484/23 P)
(Appeal - Competition - Concentrations - Decision declaring a concentration compatible with the internal market - Action brought by a third party - Admissibility - Fourth paragraph of Article 263 TFEU - Locus standi)
(C/2025/4427)
Language of the case: German
Parties
Appellant: Mainova AG (represented by: C. Schalast, Rechtsanwalt)
Other parties to the proceedings: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by F.C. Haus and J. Mädler, Rechtsanwälte), Federal Republic of Germany (represented by J. Möller and R. Kanitz, acting as Agents), E.ON SE (represented initially by C. Barth, C. Grave, D.-J. dos Santos Gonçalves and R. Seifert, Rechtsanwälte, and subsequently by C. Barth, A. Fuchs, C. Grave and D.-J. dos Santos Gonçalves, Rechtsanwälte), RWE AG (represented initially by U. Scholz, J. Siegmund and J. Ziebarth, Rechtsanwälte, and subsequently by U. Scholz, J. Siegmund and M. von Armansperg, Rechtsanwälte)
Operative part of the judgment
The Court:
Sets aside the judgment of the General Court of the European Union of 17 May 2023, Mainova v Commission (T-320/20, EU:T:2023:264);
Dismisses the action brought by Mainova AG for annulment of Commission Decision C(2019) 1711 final of 26 February 2019, declaring a concentration compatible with the internal market and the EEA Agreement (Case M.8871 – RWE/E.ON Assets) as inadmissible;
Orders Mainova AG, E.ON SE, RWE AG and the European Commission to bear their own costs in relation to the proceedings at first instance and to the appeal proceedings;
Orders the Federal Republic of Germany to bear its own costs.
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OJ C 321, 11.9.2023.
ELI: http://data.europa.eu/eli/C/2025/4427/oj
ISSN 1977-091X (electronic edition)
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