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(Case T-735/18) (*)
(Energy - Article 17 of Regulation (EC) No 714/2009 - Decision of ACER refusing a request for exemption relating to new electrical interconnectors - Appeal before the Board of Appeal of ACER - Intensity of the review)
(2021/C 19/47)
Language of the case: English
Applicant: Aquind Ltd (Wallsend, United Kingdom) (represented by: S. Goldberg and C. Davis, Solicitors, and E. White, lawyer)
Defendant: European Union Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet, E. Tremmel, C. Gence-Creux and A. Hofstadter, acting as Agents)
Application under Article 263 TFEU for annulment of (i) Decision A-001-2018 of the Board of Appeal of ACER of 17 October 2018 which upheld Decision No 05/2018 of ACER of 19 June 2018 refusing a request for exemption relating to an electrical interconnector connecting the electricity transmission systems in the United Kingdom and France, and (ii) the decision of ACER thus upheld.
The Court:
1.Annuls Decision A-001-2018 of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 17 October 2018;
2.Dismisses the action as to the remainder;
3.Orders ACER to bear its own costs and to pay those incurred by Aquind Ltd.
(*) Language of the case: English.
(1) OJ C 103, 18.3.2019.