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Case C-117/18 P: Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading GmbH v European Commission (Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant)
ECLI:EU:UNKNOWN:62018CA0117
62018CA0117
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Official Journal of the European Union
C 36/4
(Case C-117/18 P) (*)
(Appeal - Internal market in natural gas - Directive 2009/73/EC - Article 32 - Third-party access - Article 41(6), (8) and (10) - Rules on tariffs - Article 36 - Application for an exemption - Rules governing the operation of the OPAL pipeline - National regulatory authority - Exemption decision - Request for modification - European Commission Decision - Action for annulment - Fourth paragraph of Article 263 TFEU - Admissibility - Decision of no direct concern to the appellant)
(2020/C 36/04)
Language of the case: Polish
Parties
Appellant: PGNiG Supply & Trading GmbH (represented by: M. Jeżewski, O. Waluśkiewicz, adwokaci, E. Buczkowska and M. Trepka, radcowie prawni)
Other party to the proceedings: European Commission (represented by: K. Herrmann and O. Beynet, acting as Agents),
Intervener in support of the Commission: Federal Republic of Germany (represented initially by T. Henze, and subsequently by J. Möller, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders PGNiG Supply & Trading GmbH to pay its own costs and bear those incurred by the European Commission;
3.Orders the Federal Republic of Germany to pay its own costs.
(*) Language of the case: Polish.
ECLI:EU:C:2020:140
* * *
(<span class="super note-tag">1</span> OJ C 161, 7.5.2018)