Information;Judgment — ECLI:EU:T:2023:260
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 – Naturstrom v Commission (Case T‑316/20) (1) (Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No 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 20, 21) 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 liable to bring about an immediate change in the state of the market concerned – Direct concern to the applicant (Art. 263, fourth para., TFEU) (see paragraph 24) 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 which did not actively participate in the administrative procedure relating to the concentration – No specific circumstance relating to the effect on market position – Not individually concerned – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 25-33) Operative part The Court: 1. Dismisses the action as inadmissible; 2. Orders Naturstrom AG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and by RWE AG; 3. Orders the Federal Republic of Germany to bear its own costs. 1 OJ C 247, 27.7.2020.