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Case T-333/17: Judgment of the General Court of 24 October 2019 — Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER (Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence)
ECLI:EU:UNKNOWN:62017TA0333
62017TA0333
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Valentina R., lawyer
23.12.2019
Official Journal of the European Union
C 432/36
(Case T-333/17) (*)
(Energy - Decision of the Board of Appeal of ACER - Determination of the capacity calculation regions - Action for annulment - Interest in bringing proceedings - Inadmissible in part - Regulation (EU) 2015/1222 - ACER’s competence)
(2019/C 432/40)
Language of the case: English
Parties
Applicants: Austrian Power Grid AG (Vienna, Austria) and Vorarlberger Übertragungsnetz GmbH (Bregenz, Austria) (represented by: H. Kristoferitsch and S. Huber, lawyers)
Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)
Intervener in support of the applicants: Verbund AG (Vienna) (represented by: S. Polster, lawyer)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Polskie Sieci Elektroenergetyczne S.A. (Konstancin-Jeziorna, Poland) (represented by: M. Szambelańczyk, lawyer)
Re:
Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions.
Operative part of the judgment
The Court:
1.Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeals brought by Austrian Power Grid AG and by Vorarlberger Übertragungsnetz GmbH;
2.Dismisses the action as to the remainder;
3.Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by Austrian Power Grid and by Vorarlberger Übertragungsnetz;
4.Declares that Austrian Power Grid and Vorarlberger Übertragungsnetz are to bear three quarters of their own costs;
5.Declares that the Czech Republic, the Republic of Poland, Verbund AG and Polskie Sieci Elektroenergetyczne S.A. are to bear their own costs.
(*)
Language of the case: English.
(1) OJ C 249, 31.7.2017.