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Case C-46/21 P: Judgment of the Court (Fifth Chamber) of 9 March 2023 — European Union Agency for the Cooperation of Energy Regulators v Aquind Ltd (Appeal — Energy — Regulation (EC) No 714/2009 — Article 17 — Request for exemption relating to an electricity interconnector — Refusal decision from the European Union Agency for the Cooperation of Energy Regulators (ACER) — Regulation (EC) No 713/2009 — Article 19 — Board of Appeal of ACER — Intensity of the review)
ECLI:EU:UNKNOWN:62021CA0046
62021CA0046
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Official Journal of the European Union
C 155/6
(Case C-46/21 P) (1)
(Appeal - Energy - Regulation (EC) No 714/2009 - Article 17 - Request for exemption relating to an electricity interconnector - Refusal decision from the European Union Agency for the Cooperation of Energy Regulators (ACER) - Regulation (EC) No 713/2009 - Article 19 - Board of Appeal of ACER - Intensity of the review)
(2023/C 155/07)
Language of the case: English
Parties
Appellant: European Union Agency for the Cooperation of Energy Regulators (represented by: P. Martinet and E. Tremmel, acting as Agents, and by B. Creve, advokat)
Other party to the proceedings: Aquind Ltd (represented by: J. Bille, C. Davis, S. Goldberg and E. White, Solicitors)
Operative part of the judgment
The Court:
1.Dismisses the main appeal;
2.Declares that there is no need to adjudicate on the cross-appeal;
3.Orders the European Union Agency for the Cooperation of Energy Regulators (ACER) to bear its own costs relating to the main appeal and to pay those incurred by Aquind Ltd;
4.Orders the European Union Agency for the Cooperation of Energy Regulators (ACER) and Aquind Ltd to bear their own costs relating to the cross-appeal.
(1) OJ C 98, 22.3.2021.