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Case T-313/20: Judgment of the General Court of 17 May 2023 — Stadtwerke Leipzig v Commission (Competition — Concentrations — German electricity market — Decision declaring the concentration compatible with the internal market — Action for annulment — Standing to bring proceedings — Admissibility — Obligation to state reasons — Definition of ‘single concentration’ — Right to effective judicial protection — Right to be heard — Definition of the market — Analysis period — Analysis of market power — Decisive influence — Manifest errors of assessment — Duty of care)
ECLI:EU:UNKNOWN:62020TA0313
62020TA0313
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Official Journal of the European Union
C 235/24
(Case T-313/20) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Concentrations - German electricity market - Decision declaring the concentration compatible with the internal market - Action for annulment - Standing to bring proceedings - Admissibility - Obligation to state reasons - Definition of ‘single concentration’ - Right to effective judicial protection - Right to be heard - Definition of the market - Analysis period - Analysis of market power - Decisive influence - Manifest errors of assessment - Duty of care)
(2023/C 235/30)
Language of the case: German
Parties
Applicant: Stadtwerke Leipzig GmbH (Leipzig, Germany) (represented by: I. Zenke and T. Heymann, lawyers)
Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by T. Funke and A. Dlouhy, lawyers)
Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller and S. Costanzo, acting as Agents), E.ON SE (Essen, Germany) (represented by: C. Grave, C. Barth and D.-J. dos Santos Goncalves, lawyers), RWE AG (Essen) (represented by: U. Scholz, J. Siegmund and J. Ziebarth, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2019) 1711 final of 26 February 2019, declaring a concentration compatible with the internal market and the EEA Agreement (Case M.8871 — RWE/E.ON Assets) (OJ 2020 C 111, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Stadtwerke Leipzig GmbH to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG;
3.Orders the Federal Republic of Germany to bear its own costs.
(<span class="oj-super">1</span>) OJ C 247, 27.7.2020.