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Case T-381/09: Order of the General Court of 24 November 2010 — RWE Transgas v Commission (Action for annulment — Internal market in natural gas — Article 22 of Directive 2003/55/EC — Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption — Act not open to challenge — Inadmissibility)

ECLI:EU:UNKNOWN:62009TB0381

62009TB0381

November 24, 2010
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29.1.2011

Official Journal of the European Union

C 30/39

(Case T-381/09)(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55/EC - Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption - Act not open to challenge - Inadmissibility)

2011/C 30/72

Language of the case: German

Parties

Applicant: RWE Transgas a.s. (Prague, Czech Republic) (represented: initially by W. Deselaers, D. Seeliger and S. Einhaus, then by W. Deselaers, D. Seeliger, S. Einhaus and T. Weck, lawyers)

Defendant: European Commission (represented by: G. Wilms, O. Beynet and B. Schima, agents)

Intervener in support of the applicant: Czech Republic (represented by: M. Smolek, agent)

Re:

Action for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC pf the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part of the order

1.The action is dismissed.

2.RWE Transgas a.s. shall bear its own costs and pay those incurred by the European Commission.

3.The Czech Republic shall bear its own costs.

(1) OJ C 297, 5.12.2009.

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