C 73/24
EN
Official Journal of the European Union
14.2.2022
2.
in the alternative to 1., (a) set aside the judgment under appeal and annul the contested decision in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges, baseload consumers with at least 7 500 annual hours of use repay more than 15 % of the published network charges and baseload consumers with at least 8 000 annual hours of use repay more than 10 % of the published network charges, and refer the case back to the General Court as to the remainder for a new ruling on claim 1(a) made at first instance seeking annulment of the contested decision also as to the remainder; (b) in the alternative to (a), set aside the judgment under appeal and annul the contested decision as against the appellant in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges, and refer the case back to the General Court as to the remainder for a new ruling on claim 1(b) made at first instance seeking annulment of the contested decision in its entirety (or ‘also as to the remainder’) as against the appellant; 3. in the alternative to 2., (a) set aside the judgment under appeal and refer the case back to the General Court for a new ruling on claim 1(a) made at first instance seeking annulment of the contested decision; (b) in the alternative to (a), set aside the judgment under appeal and refer the case back to the General Court for a new ruling on claim 1(b) made at first instance seeking annulment of the contested decision as against the appellant; 4. in the alternative to 3., (a) set aside the judgment under appeal and annul the contested decision in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges, baseload consumers with at least 7 500 annual hours of use repay more than 15 % of the published network charges and baseload consumers with at least 8 000 annual hours of use repay more than 10 % of the published network charges; (b) in the alternative to (a), set aside the judgment under appeal and annul the contested decision as against the appellant in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges; 5. in the alternative to 4., (a) set aside the judgment under appeal and refer the case back to the General Court for a new ruling on claim 2(a) made at first instance seeking annulment of the contested decision in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges, baseload consumers with at least 7 500 annual hours of use repay more than 15 % of the published network charges and baseload consumers with at least 8 000 annual hours of use repay more than 10 % of the published network charges; (b) in the alternative to (a), set aside the judgment under appeal and refer the case back to the General Court for a new ruling on claim 2(b) made at first instance seeking annulment of the contested decision as against the appellant in so far as it orders that baseload consumers with at least 7 000 annual hours of use repay more than 20 % of the published network charges; 6.
order the Commission to pay the costs of the proceedings, including lawyers’ fees and travel expenses.
Grounds of appeal and main arguments In support of the appeal, the appellant relies on four grounds of appeal.