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Case T-317/09: Order of the General Court of 24 November 2010 — Concord Power Nordal v Commission (Action for annulment — Internal market in natural gas — Article 22 of Directive 2003/55/EC — Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption — Act not open to challenge — Inadmissibility)
ECLI:EU:UNKNOWN:62009TB0317
62009TB0317
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29.1.2011
Official Journal of the European Union
C 30/39
(Case T-317/09) (<span class="super">1</span>)
(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55/EC - Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption - Act not open to challenge - Inadmissibility)
2011/C 30/71
Language of the case: German
Parties
Applicant: Concord Power Nordal GmbH (Hamburg, Germany) (represented by: C. von Hammerstein, C.S. Schweer and C. Wünschmann, lawyers)
Defendant: European Commission (represented by: G. Wilms, O. Beynet and B. Schima, agents)
Intervener in support of the defendant: OPAL NEL Transport GmbH (Kassel, Germany) (represented by: U. Quack and O. Fleishchmann, lawyers)
Re:
Action for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).
Operative part of the order
1.It is not necessary to rule on the requests for confidential treatment made by Concord Power Nordal GmbH.
2.The action is dismissed.
3.Concord Power Nordal shall bear its own costs and pay those incurred by the European Commission.
4.OPAL NEL Transport GmbH shall bear its own costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.