11.4.2023

Official Journal of the European Union

C 127/32

(Case T-492/21) (<span class="oj-super oj-note-tag">1</span>)

(Energy - Competence of the ACER - Withdrawal of the United Kingdom from the European Union - Error of law - Article 2(1) of Regulation (EU) 2019/943 - Article 92 of the Withdrawal Agreement - Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement)

(2023/C 127/39)

Language of the case: English

Parties

Applicants: Aquind Ltd (London, United Kingdom), Aquind Energy Sàrl (Luxembourg, Luxembourg), Aquind SAS (Rouen, France) (represented by: S. Goldberg, Solicitor, and E. White, lawyer)

Defendant: European Union Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents, and by B. Creve, lawyer)

Interveners in support of the defendant: European Parliament (represented by: A. Tamás and O. Denkov, acting as Agents), Council of the European Union (represented by: A. Lo Monaco, L. Vétillard and M.É. Sitbon, acting as Agents)

Re:

By their application based on Article 263 TFEU, the applicants seek the annulment of the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 4 June 2021 concerning a request for an exemption relating to an electrical interconnector connecting the electricity transmission systems in the United Kingdom and France.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Aquind Ltd, Aquind SAS, Aquind Energy Sàrl and the European Union Agency for the Cooperation of Energy Regulators (ACER) to bear their own costs;

3.Orders the European Parliament and the Council of the European Union to bear their own costs.

(<span class="oj-super">1</span>) OJ C 391, 27.9.2021.