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Case T-421/09: Judgment of the General Court of 20 September 2012 — DEI v Commission (Competition — Abuse of dominant position — Greek markets for the supply of lignite and wholesale electricity — Decision establishing the specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision — Article 86(3) EC — Annulment of the earlier decision)
ECLI:EU:UNKNOWN:62009TA0421
62009TA0421
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10.11.2012
Official Journal of the European Union
C 343/13
(Case T-421/09) (<span class="super">1</span>)
(Competition - Abuse of dominant position - Greek markets for the supply of lignite and wholesale electricity - Decision establishing the specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision - Article 86(3) EC - Annulment of the earlier decision)
2012/C 343/19
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 and A. Antoniadis, Agents, and by A. Oikonomou, lawyer)
Intervener in support of the applicant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents, and by M. Marinos, lawyer)
Re:
Application for annulment of Commission Decision C(2009) 6244 final of 4 August 2009 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of DEI for the extraction of lignite.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2009) 6244 final of 4 August 2009 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force 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 pay the costs incurred by DEI, in addition to bearing its own;
3.Orders the Hellenic Republic to bear its own costs.
(<span class="super">1</span>) OJ C 11, 16.1.2010.