EN
3.7.2023
Official Journal of the European Union
C 235/25
Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by T. Funke and A. Dlouhy, 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: 1.
Dismisses the action; 2.
Orders Stadtwerke Leipzig 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.
Judgment of the General Court of 17 May 2023 — Stadtwerke Hameln Weserbergland v Commission (Case T-314/20) (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) (2023/C 235/31) Language of the case: German Parties Applicant: Stadtwerke Hameln Weserbergland GmbH, formerly GWS Stadtwerke Hameln GmbH (Hamelin, Germany) (represented by: I. Zenke and T. Heymann, lawyers) Defendant: European Commission (represented by: G. Meessen and I. Zaloguin, acting as Agents, and by T. Funke and A. Dlouhy, 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: 1.
Dismisses the action as inadmissible; 2.
Orders Stadtwerke Hameln Weserbergland GmbH to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG;