Judgment;Information — ECLI:EU:C:2019:1042
Date: 2019-12-04
Language of the case: Polish
Court formation: Fifth Chamber
Subject matter: Energy;Approximation of laws
Procedure: Action for annulment;Appeal - unfounded
Origin: Germany

Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading v Commission (Case C‑117/18 P) (1) (Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant) 1. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Conditions cumulative in nature — Inadmissibility of the action where just one of those conditions not met (Art. 263, fourth para., TFEU) (see paras 26, 27) 2. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria – Commission decision, addressed to a national regulatory authority, asking it to amend a decision derogating from EU rules governing the operating conditions of a gas pipeline — Discretion of the national regulatory authority responsible for implementing it — Characterisation — Not directly concerned — Inadmissibility 3. (Art. 263, fourth para., TFEU; European Parliament and Council Directive 2009/73, Art. 36) (see paras 28, 29, 31-44) Operative part The Court: 1. Dismisses the appeal; 2. Orders PGNiG Supply & Trading GmbH to pay its own costs and bear those incurred by the European Commission; 3. Orders the Federal Republic of Germany to pay its own costs. 1 OJ C 161, 7.5.2018.