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Case T-607/20: Judgment of the General Court of 15 February 2023 — Austrian Power Grid and Others v ACER (Energy — Internal market in electricity — Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation — Procedure for the adoption of terms, conditions and methodologies — Rejection of the joint proposal of the system operators — Competence of ACER — Error of law — Rights of the defence — Obligation to state reasons)

ECLI:EU:UNKNOWN:62020TA0607

62020TA0607

February 15, 2023
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11.4.2023

Official Journal of the European Union

C 127/31

(Case T-607/20) (*)

(Energy - Internal market in electricity - Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation - Procedure for the adoption of terms, conditions and methodologies - Rejection of the joint proposal of the system operators - Competence of ACER - Error of law - Rights of the defence - Obligation to state reasons)

(2023/C 127/37)

Language of the case: English

Parties

Applicants: Austrian Power Grid AG (Vienna, Austria), and the 7 other applicants whose names are listed in the annex to the judgment (represented by: M. Levitt, lawyer, B. Byrne and D. Jubrail, Solicitors)

Defendant: European Union Agency for the Cooperation of Energy Regulators (represented by: E. Ameye, lawyer, A. Tellidou and E. Tremmel, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 16 July 2020 confirming ACER Decision No 03/2020 of 24 January 2020 on the Implementation framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation (‘the mFRR platform’) and rejecting their appeals in Case A-002-2020 (consolidated), in so far as that decision concerns them, and the annulment of Article 1 of Decision No 03/2020 and Article 3(3) and (5)(b), Article 4(6), Article 6, Article 11(1)(c) and (2)(c) and Article 12 of the mFRR platform implementation framework, as set out in Annex I to Decision No 03/2020.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Austrian Power Grid AG and the other applicants whose names are listed in the annex to pay the costs.

(*) Language of the case: English.

OJ C 414, 30.11.2020.

ECLI:EU:C:2025:140

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