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Case T-318/20: Judgment of the General Court of 17 May 2023 — eins energie in sachsen v Commission (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)

ECLI:EU:UNKNOWN:62020TA0318

62020TA0318

May 17, 2023
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Official Journal of the European Union

C 235/28

(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

Parties

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)

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 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).

Operative part of the judgment

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).

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