Information;Judgment — ECLI:EU:T:2023:264
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 of 17 May 2023 – Mainova v Commission (Case T320/20) 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 – Admissibility) Language of the case: German Parties Applicant: Mainova AG (Frankfurt, Germany) (represented by: C. Schalast and H. Löschan, lawyers) Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, assisted by F. Haus and F. Schmidt, lawyers) Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller and S. Costanzo, acting as Agents), E.ON SE (Essen, Germany) (represented by: C. Grave, C. Barth and D.-J. dos Santos Goncalves, lawyers), RWE AG (Essen) (represented by: U. Scholz, J. Siegmund and J. Ziebarth, lawyers) Re: By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2019) 1711 final of 26 February 2019, declaring a concentration compatible with the internal market and the EEA Agreement (Case M.8871 – RWE/E.ON Assets) (OJ 2020 C 111, p. 1). Operative part of the judgment The Court: Dismisses the action as inadmissible; Orders Mainova AG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG; Orders the Federal Republic of Germany to bear its own costs. ____________ 1OJ C 247, 27.7.2020.