Judgment — ECLI:EU:T:2017:456
Date: 2017-06-29
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Energy
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court of 29 June 2017 — E-Control v ACER (Case T-63/16) 1 (Energy — Conditions for access to the network for cross-border exchanges in electricity — National regulatory authorities’ decisions approving the methods of allocation of cross-border transmission capacity — Compatibility with Regulation (EC) No 714/2009 — Opinion of ACER — Definition of a decision open to appeal before ACER — Article 19 of Regulation (EC) No 713/2009 — Decision of the Board of Appeal of ACER dismissing the appeal as inadmissible — Error of law — Failure to state reasons) Language of the case: English Parties Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer) Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: E. Tremmel, acting as Agent) Intervener in support of the applicant: Republic of Austria (represented by C. Pesendorfer, acting as Agent) Interveners in support of the defendant: Czech Republic (represented by M. Smolek, T. Müller and J. Vláčil, acting as Agents), Republic of Poland (represented by B. Majczyna, acting as Agent) and Polskie Sieci Elektroenergetyczne S.A. (established in Konstancin-Jeziorna, Poland) (represented initially by M. Motylewski and A. Kulińska, and subsequently by H. Napieła and K. Figurska, lawyers) Re: Action under Article 263 TFEU for the annulment of Decision No A-001-2015 of the Board of Appeal of ACER of 16 December 2015, dismissing an appeal against Opinion No 09/2015 of ACER of 23 September 2015 on the compliance of the decisions of national regulatory authorities approving the methods of allocation of cross-border transmission capacity in the Central-East Europe region with Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ 2009 L 211, p. 15), including the guidelines on the management and allocation of available transfer capacity of interconnections between national systems contained in Annex I thereto. Operative part of the judgment The Court: Dismisses the action; Orders Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) to bear its own costs and to pay those incurred by the Agency for the Cooperation of Energy Regulators (ACER); Orders the Czech Republic, the Republic of Poland, the Republic of Austria and Polskie Sieci Elektroenergetyczne S.A. to bear their own costs. ____________ 1 OJ C 156, 2.5.2016.