Official Journal of the European Union

C 235/30

(Case T-321/20) (*)

(Competition - Concentrations - German electricity market - Decision declaring a concentration compatible with the internal market - Action for annulment - No locus standi - No active participation - Inadmissibility)

(2023/C 235/38)

Language of the case: German

Parties

Applicant: enercity AG (Hanover, Germany) (represented by: C. Schalast and H. Löschan, lawyers)

Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by F. Haus and F. Schmidt, 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 based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2019) 1711 final of 26 February 2019 declaring a concentration to be 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 enercity AG 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.

*

Language of the case: German.