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Valentina R., lawyer
(Case T-318/20) (*)
(Competition - Concentrations - German electricity market - Decision declaring the concentration compatible with the internal market - Action for annulment - Lack of standing - Lack of active participation - Inadmissibility)
(2023/C 235/35)
Language of the case: German
Applicant: eins energie in sachsen GmbH & Co. KG (Chemnitz, 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)
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 to be compatible with the internal market and with the EEA Agreement (Case M.8871 — RWE/E.ON Assets) (OJ 2020 C 111, p. 1).
The Court:
1.Dismisses the action as inadmissible;
2.Orders eins energie in sachsen GmbH & Co. KG 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.
* * *
(<span class="oj-super">1</span> OJ C 240, 20.7.2020).