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Case T-399/19: Judgment of the General Court of 2 February 2022 — Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejection of a complaint) (Competition — Abuse of a dominant position — Gas markets of central and eastern Europe — Decision rejecting a complaint — No EU interest — State action defence — Obligation to conduct a diligent examination — Procedural rights under Regulation (EC) No 773/2004)
ECLI:EU:UNKNOWN:62019TA0399
62019TA0399
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21.3.2022
Official Journal of the European Union
C 128/18
(Case T-399/19) (*)
(Competition - Abuse of a dominant position - Gas markets of central and eastern Europe - Decision rejecting a complaint - No EU interest - State action defence - Obligation to conduct a diligent examination - Procedural rights under Regulation (EC) No 773/2004)
(2022/C 128/24)
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: B. Ernst, G. Meessen and J. Szczodrowski, acting as Agents)
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(2019) 3003 final of the Commission of 17 April 2019 rejecting the complaint (Case AT.40497 — Polish gas prices).
Operative part of the judgment
The Court:
1.Annuls Decision C(2019) 3003 final of the European Commission of 17 April 2019 rejecting the complaint (Case AT.40497 — Polish gas prices);
2.Orders the Commission to bear its own costs and to pay those incurred by Polskie Górnictwo Naftowe i Gazownictwo S.A.;
3.Orders Gazprom PJSC and Gazprom export LLC to bear their own respective costs.
(*)
Language of the case: Polish.
* * *