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Case T-53/21: Judgment of the General Court of 20 December 2023 — EVH v Commission (Competition — Concentrations — German electricity and gas markets — Decision declaring a concentration compatible with the internal market — Obligation to state reasons — Concept of ‘single concentration’ — Right to effective judicial protection — Right to be heard — Definition of the market — Period of analysis — Assessment of the effects of the transaction on competition — Manifest errors of assessment — Undertakings — Duty of diligence)
ECLI:EU:UNKNOWN:62021TA0053
62021TA0053
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Official Journal of the European Union
Series C
C/2024/1679
4.3.2024
(Case T-53/21) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Concentrations - German electricity and gas markets - Decision declaring a concentration compatible with the internal market - Obligation to state reasons - Concept of ‘single concentration’ - Right to effective judicial protection - Right to be heard - Definition of the market - Period of analysis - Assessment of the effects of the transaction on competition - Manifest errors of assessment - Undertakings - Duty of diligence)
(C/2024/1679)
Language of the case: German
Parties
Applicant: EVH GmbH (Halle-sur-Saale, Germany) (represented by: I. Zenke and T. Heymann, lawyers)
Defendant: European Commission (represented by: G. Meesen and J. Szczodrowski, acting as Agents, and T. Funke and A. Dlouhy, lawyers)
Interveners in support of the defendant: 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. Ziebarth and J. Siegmund, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2019) 6530 final of 17 September 2019 declaring a concentration to be compatible with the internal market and the EEA Agreement (Case M.8870 — E.ON/Innogy).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders EVH GmbH to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG.
(<span class="oj-super">1</span>) OJ C 138, 19.4.2021.
ELI: http://data.europa.eu/eli/C/2024/1679/oj
ISSN 1977-091X (electronic edition)