Information;Judgment — ECLI:EU:T:2023:262
Date: 2023-05-17
Language of the case: German
Court formation: Fourth Chamber, Extended Composition
Subject matter: Competition;Concentrations between undertakings
Procedure: Action for annulment - inadmissible
Origin: Germany

Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 – eins energie in sachsen v Commission (Case T‑318/20) (1) (Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Lack of standing – Lack of active participation – Inadmissibility) 1. Judicial proceedings – Intervention – Objection of inadmissibility not raised by the defendant – Inadmissibility – Plea in law based on the applicant’s lack of standing to bring proceedings – Absolute bar to proceeding – To be considered of the Court’s own motion (Statute of the Court of Justice, Arts 40, fourth para., and 53, first para.; Rules of Procedure of the General Court, Arts 129 and 142(3)) (see paragraphs 19, 20) 2. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Direct concern – Criteria – Commission decision declaring a concentration compatible with the internal market – Action brought by an undertaking competing with the parties to the operation – Decision capable of bringing about an immediate change in the state of the relevant market – Direct concern to the applicant (Art. 263, fourth para., TFEU) (see paragraph 23) 3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission decision declaring a concentration compatible with the internal market – Action brought by an undertaking competing with the parties to the operation – Undertaking not having participated actively in the administrative procedure – No particular circumstances relating to effect on market position – Not individually concerned – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 24-32) Operative part The Court: 1. Dismisses the action as inadmissible; 2. Orders eins energie in sachsen GmbH & Co. KG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG; 3. Orders the Federal Republic of Germany to bear its own costs. 1 OJ C 240, 20.7.2020.