Order — ECLI:EU:T:2019:501
Date: 2019-07-11
Language of the case: German
Court formation: Third Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - inadmissible;Application to intervene - decision unnecessary
Origin: Germany

Order of the General Court (Third Chamber) of 11 July 2019 – Vattenfall Europe Nuclear Energy v Commission (Case T‑674/18) (Action for annulment — State aid — 16th Law amending the Law on Nuclear Energy (Atomgesetz) — Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) — Companies operating nuclear power stations — Cessation of operation — Financial compensation for the amounts of electricity not generated — Letter from the Commission — No requirement for formal notification under Article 108(3) TFEU — Act not open to challenge — Inadmissibility) Action for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Assessment by reference to objective criteria — Commission letter stating the purpose of the 16th Law amending the Law on Nuclear Energy, namely seeking exclusively to implement the requirements laid down by a judgment of the Federal Constitution Court without having to notify it under Article 108(3) TFEU — Not included (Arts 108(3) TFEU and 263 TFEU) (see paras 33-41) Re: Action under Article 263 TFEU seeking annulment of the decision allegedly contained in the Commission’s letter of 4 July 2018, signed by the Commission’s Deputy Director-General for Competition and addressed to the Federal Republic of Germany. Operative part 1. The action is dismissed as inadmissible. 2. There is no longer any need to adjudicate on the application of the Federal Republic of Germany for leave to intervene. 3. Vattenfall Europe Nuclear Energy GmbH shall bear its own costs and pay those incurred by the European Commission. 4. The Federal Republic of Germany, Vattenfall Europe Nuclear Energy and the Commission shall each bear their own respective costs relating to the application for leave to intervene.