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Case T-332/17: Judgment of the General Court of 24 October 2019 — E-Control v ACER (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)

ECLI:EU:UNKNOWN:62017TA0332

62017TA0332

October 24, 2019
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23.12.2019

Official Journal of the European Union

C 432/35

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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