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Case T-674/18: Order of the General Court of 11 July 2019 — Vattenfall Europe Nuclear Energy v Commission (Action for annulment — State aid — 16th Law amending the Law on Nuclear Energy (Atomgesetz) — Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) — Companies operating nuclear power stations — Cessation of operation — Financial compensation for the amounts of electricity not generated — Letter from the Commission — No requirement for formal notification under Article 108(3) TFEU — Act not open to challenge — Inadmissibility)

ECLI:EU:UNKNOWN:62018TB0674

62018TB0674

July 11, 2019
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30.9.2019

Official Journal of the European Union

C 328/55

(Case T-674/18) (<span class="super note-tag">1</span>)

(Action for annulment - State aid - 16th Law amending the Law on Nuclear Energy (Atomgesetz) - Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) - Companies operating nuclear power stations - Cessation of operation - Financial compensation for the amounts of electricity not generated - Letter from the Commission - No requirement for formal notification under Article 108(3) TFEU - Act not open to challenge - Inadmissibility)

(2019/C 328/63)

Language of the case: German

Parties

Applicant: Vattenfall Europe Nuclear Energy GmbH (Hamburg, Germany) (represented by: U. Karpenstein and R. Sangi, lawyers)

Defendant: European Commission (represented by: B. Stromsky and K. Herrmann, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the decision allegedly contained in the Commission’s letter of 4 July 2018, signed by the Commission’s Deputy Director-General for Competition and addressed to the Federal Republic of Germany.

Operative part of the order

1.The action is dismissed as inadmissible.

2.There is no longer any need to adjudicate on the application of the Federal Republic of Germany for leave to intervene.

3.Vattenfall Europe Nuclear Energy GmbH shall bear its own costs and pay those incurred by the European Commission.

4.The Federal Republic of Germany, Vattenfall Europe Nuclear Energy and the Commission shall each bear their own respective costs relating to the application for leave to intervene.

(<span class="note">1</span>) OJ C 25, 21.1.2019.

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