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Case T-322/20: Judgment of the General Court of 17 May 2023 — Stadtwerke Frankfurt am Main v Commission (Competition — Concentrations — German electricity market — Decision declaring the concentration compatible with the internal market — Action for annulment — No standing to bring proceedings — Inadmissibility)
ECLI:EU:UNKNOWN:62020TA0322
62020TA0322
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Official Journal of the European Union
C 235/30
(Case T-322/20) (*)
(Competition - Concentrations - German electricity market - Decision declaring the concentration compatible with the internal market - Action for annulment - No standing to bring proceedings - Inadmissibility)
(2023/C 235/39)
Language of the case: German
Parties
Applicant: Stadtwerke Frankfurt am Main Holding GmbH (Frankfurt am Main, Germany) (represented by: C. Schalast and H. Löschan, lawyers)
Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by F. Haus and F. Schmidt, 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 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) (OJ 2020 C 111, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action as inadmissible;
2.Orders Stadtwerke Frankfurt am Main Holding GmbH 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.