Information;Judgment — ECLI:EU:T:2023:844
Date: 2023-12-20
Language of the case: German
Court formation: Fifth Chamber, Extended Composition
Subject matter: Competition;Concentrations between undertakings
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 20 December 2023 – enercity v Commission (Case T-65/21) 1 (Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Concept of ‘single concentration’ – Definition of the market – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Duty of diligence – Misuse of powers) Language of the case: German Parties Applicant: enercity AG (Hanover, Germany) (represented by: C. Schalast, H. Löschan and Y. Salamati, lawyers) Defendant: European Commission (represented by: G. Meessen and C. Zois, acting as Agents, and F. Haus, L. Rundel and F. Schmidt, lawyers) Interveners in support of the defendant: 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. Ziebarth and J. Siegmund, lawyers) Re: By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2019) 6530 final of 17 September 2019 declaring a concentration to be compatible with the internal market and the EEA Agreement (Case M.8870 – E.ON/Innogy). Operative part of the judgment The Court: Dismisses the action; Orders enercity AG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG. ____________ 1 OJ C 138, 19.4.2021.