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Case T-616/18: Judgment of the General Court of 2 February 2022 — Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom) (Competition — Abuse of a dominant position — Gas markets of central and eastern Europe — Decision to make binding the individual commitments proposed by an undertaking — Article 9 of Regulation (EC) No 1/2003 — Whether the commitments are adequate in the light of the competition concerns initially identified in the statement of objections — Commission decision not to require commitments in relation to some of the initial concerns — Principle of sound administration — Transparency — Obligation to state reasons — Energy-policy objectives of the European Union — Principle of energy solidarity — Misuse of powers)
ECLI:EU:UNKNOWN:62018TA0616
62018TA0616
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21.3.2022
Official Journal of the European Union
C 128/15
(Case T-616/18) (*)
(Competition - Abuse of a dominant position - Gas markets of central and eastern Europe - Decision to make binding the individual commitments proposed by an undertaking - Article 9 of Regulation (EC) No 1/2003 - Whether the commitments are adequate in the light of the competition concerns initially identified in the statement of objections - Commission decision not to require commitments in relation to some of the initial concerns - Principle of sound administration - Transparency - Obligation to state reasons - Energy-policy objectives of the European Union - Principle of energy solidarity - Misuse of powers)
(2022/C 128/20)
Language of the case: Polish
Parties
Applicant: Polskie Górnictwo Naftowe i Gazownictwo S.A. (Warsaw, Poland) (represented by: K. Karasiewicz, T. Kaźmierczak, K. Kicun and P. Moskwa, lawyers)
Defendant: European Commission (represented by: G. Meessen and J. Szczodrowski, acting as Agents)
Interveners in support of the applicant: Republic of Lithuania (represented by: K. Dieninis and R. Dzikovič, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Nowacki, acting as Agents), and Overgas Inc. (Sofia, Bulgaria) (represented by: S. Gröss and S. Cappellari, lawyers)
Interveners in support of the defendant: Gazprom PJSC (Moscow, Russia), and Gazprom export LLC (Saint Petersburg, Russia) (represented by: J. Karenfort, J. Hainz, B. Evtimov, N. Tuominen and J. Heithecker, lawyers, as well as D. O’Keeffe, Solicitor)
Re:
Application under Article 263 TFEU for annulment of Decision C(2018) 3106 final of the Commission of 24 May 2018 relating to a proceeding under Article 102 [TFEU] and Article 54 of the EEA Agreement (Case AT.39816 — Upstream Gas Supplies in Central and Eastern Europe).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Polskie Górnictwo Naftowe i Gazownictwo S.A. to bear its own costs and to pay those incurred by the European Commission, Gazprom PJSC and Gazprom export LLC;
3.Orders the Republic of Lithuania, the Republic of Poland and Overgas Inc. to bear their own respective costs.
*
(*) Language of the case: Polish.