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Case T-169/08: Judgment of the General Court of 20 September 2012 — DEI v Commission (Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC — Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite)

ECLI:EU:UNKNOWN:62008TA0169

62008TA0169

September 20, 2012
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10.11.2012

Official Journal of the European Union

C 343/11

(Case T-169/08) (<span class="super">1</span>)

(Competition - Abuse of dominant position - Greek market for the supply of lignite and Greek wholesale electricity market - Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC - Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite)

2012/C 343/13

Language of the case: Greek

Parties

Applicant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: P. Anestis, lawyer)

Defendant: European Commission (represented by: T. Christoforou, A. Bouquet and A. Antoniadis, Agents, assisted by A. Oikonomou, lawyer)

Intervener in support of the applicant: Hellenic Republic (represented by: K. Boskovits and P. Mylonopoulos, Agents, assisted initially by A. Komninos and M. Marinos, and subsequently by M. Marinos, lawyers)

Interveners in support of the defendant: Energeiaki Thessalonikis AE (Echedoros, Greece); and Elliniki Energeia kai Anaptyxi AE (HE & DSA), (Kifissia, Greece) (represented by: P. Skouris and E. Trova, lawyers)

Re:

Application for annulment of Commission Decision C(2008) 824 final of 5 March 2008, concerning the grant or maintenance by the Hellenic Republic of rights in favour of DEI for the extraction of lignite

Operative part

The Court:

1.Annuls Commission Decision C(2008) 824 final of 5 March 2008, concerning the grant or maintenance by the Hellenic Republic of rights in favour of Dimosia Epicheirisi Ilektrismou AE (DEI) for the extraction of lignite.

2.Orders the European Commission to bear its own costs and pay those incurred by DEI.

3.Orders the Hellenic Republic, Elliniki Energeia kai Anaptyxi AE (HE & DSA) and Energeiaki Thessalonikis AE to bear their own costs.

(<span class="super">1</span>) OJ C 183, 19.7.2008.

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