# C_2007095EN.01004701.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 95/47 |
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28.4.2007

EN

Official Journal of the European Union

C 95/47

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Action brought on 26 February 2007 — E.ON Ruhrgas and E.ON Földgáz Trade v Commission

(Case T-57/07)

(2007/C 95/95)

Language of the case: English

Parties

Applicants: E.ON Ruhrgas International AG (Essen, Germany) and E.ON Földgáz Trade Zrt. (Budapest, Hungary) (represented by: G. Wiedemann and T. Lübbig, lawyers)

Applicants:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul the 4 paragraph at the bottom of page 1 of the decision by the European Commission (document No *30783) dated 19 December 2006 and directed to E.ON Ruhrgas International AG in Case M.3696 — E.ON/MOL; and annul the decision by the European Commission (document No *924) dated 16 January 2007 and also directed to E.ON Ruhrgas International AG in Case M.3696 — E.ON/MOL; |
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Annul the 4 paragraph at the bottom of page 1 of the decision by the European Commission (document No *30783) dated 19 December 2006 and directed to E.ON Ruhrgas International AG in Case M.3696 — E.ON/MOL; and annul the decision by the European Commission (document No *924) dated 16 January 2007 and also directed to E.ON Ruhrgas International AG in Case M.3696 — E.ON/MOL;

| — | order the Commission to pay the costs incurred by the applicants in the present proceedings. |
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order the Commission to pay the costs incurred by the applicants in the present proceedings.

Pleas in law and main arguments

By decision of 21 December 2005 the Commission declared, subject to the applicant's compliance with certain conditions and obligations, the acquisition of two Hungarian gas companies by the applicant E.ON Ruhrgas International AG compatible with the common market and the functioning of the Agreement on the European Economic Area.

As one of the obligations, the applicant E.ON Ruhrgas International AG undertook to organise and implement a gas release programme on the Hungarian market. The initial auction price was to be set at 95 % of the weighted average cost of gas provided that the aggregate loss the applicants may incur as a result of the final auction price being set below the weighted average cost of gas does not exceed EUR 26 million.

In the contested letters the Commission indicated that the losses made by the applicants in a given auction should be offset by any profits made by the applicants in other auctions. The applicants contest this and are of the opinion that losses which results from the gas release auctions do not need to be offset by potential profits that may derive from future auctions.

In support of their application, the applicants invoke two pleas in law.

Firstly, the applicants submit that the Commission has no legal basis for increasing the financial burdens and thereby subsequently change the legal obligations resulting from the Commission's decision of 21 December 2005.

Secondly, the applicants contend that the Rules of procedure of the Commission (1) have been infringed in that neither have all the members of the Commission deliberated on the content of the two contested letters, nor has there been a proper delegation of powers to the Directorate General of the Commission by virtue of Article 14 of the said rules.

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(1)  OJ 2000 L 308, p. 26, as amended.

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