# C_2019432EN.01003601.xml

| 23.12.2019 | EN | Official Journal of the European Union | C 432/36 |
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23.12.2019

EN

Official Journal of the European Union

C 432/36

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Judgment of the General Court of 24 October 2019 — Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER

(Case T-333/17) (1)

(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; |
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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; |
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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; |
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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; |
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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. |
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5.

Declares that the Czech Republic, the Republic of Poland, Verbund AG and Polskie Sieci Elektroenergetyczne S.A. are to bear their own costs.

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(1)  OJ C 249, 31.7.2017.

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