Information;Judgment — ECLI:EU:T:2023:265
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 – Stadtwerke Frankfurt am Main v Commission (Case T‑322/20) (1) (Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – Inadmissibility) Action for annulment – Natural or legal persons – Interest in bringing proceedings – Need for a vested and present interest – Action brought against a Commission decision declaring a concentration compatible with the internal market – Action brought by a shareholder of the undertaking concerned by that decision – Interest in bringing proceedings that is separate from that of the undertaking – None – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 26-37) Operative part The Court: 1. Dismisses the action as inadmissible; 2. Orders Stadtwerke Frankfurt am Main Holding GmbH 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 247, 27.7.2020.