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(Case T-332/17) (<span class="super note-tag">1</span>)
(Energy - Decision of the Board of Appeal of ACER - Determination of the capacity calculation regions - Action for annulment - Interest in bringing proceedings - Inadmissible in part - Regulation (EU) 2015/1222 - ACER’s competence)
(2019/C 432/39)
Language of the case: English
Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer)
Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)
Intervener in support of the applicant: Verbund AG (Vienna) (represented by: S. Polster, lawyer)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent)
Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions.
The Court:
1.Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeal brought by Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control);
2.Dismisses the action as to the remainder;
3.Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by E-Control;
4.Declares that E-Control is to bear three quarters of its own costs;
5.Declares that the Czech Republic, the Republic of Poland and Verbund AG are to bear their own costs.
(<span class="note">1</span>) OJ C 249, 31.7.2017.