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Case T-631/19: Judgment of the General Court of 7 September 2022 — BNetzA v ACER (Energy — Internal market in electricity — Regulation (EU) 2019/942 — Decision of the Board of Appeal of ACER — Action for annulment — Act not open to challenge — Inadmissibility — ACER’s competence — Article 8 of Regulation (EC) No 713/2009 — Article 6(10) of Regulation 2019/942 — Article 9(12) of Regulation (EU) 2015/1222 — Applicable law — Regulation (EU) 2019/943)
ECLI:EU:UNKNOWN:62019TA0631
62019TA0631
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Official Journal of the European Union
C 418/15
(Case T-631/19) (*)
(Energy - Internal market in electricity - Regulation (EU) 2019/942 - Decision of the Board of Appeal of ACER - Action for annulment - Act not open to challenge - Inadmissibility - ACER’s competence - Article 8 of Regulation (EC) No 713/2009 - Article 6(10) of Regulation 2019/942 - Article 9(12) of Regulation (EU) 2015/1222 - Applicable law - Regulation (EU) 2019/943)
(2022/C 418/17)
Language of the case: German
Parties
Applicant: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA) (Bonn, Germany) (represented by: H. Haller, N. Gremminger, L. Reiser, V. Vacha and C. Dietz-Polte, lawyers)
Defendant: European Union Agency for the Cooperation of Energy Regulators (represented by: P. Martinet and E. Tremmel, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks, first, annulment in part of Decision No 02/2019 of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 21 February 2019 on the Core CCR TSOs’ proposals for the regional design of the day-ahead and intraday common capacity calculation methodologies, and, secondly, annulment of Decision A-003-2019 of the Board of Appeal of ACER of 11 July 2019 dismissing its appeal against the initial decision.
Operative part of the judgment
The Court:
1.Annuls Decision A-003-2019 of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 11 July 2019;
2.Dismisses the remainder of the action as inadmissible;
3.Orders ACER to pay the costs.
(*) Language of the case: German.
(1) OJ C 383, 11.11.2019.