CELEX: 62017TA0332
Language: en
Date: 2019-10-24 00:00:00
Title: Case T-332/17: Judgment of the General Court of 24 October 2019 — E-Control v ACER (Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence)

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/35
            
         
      Judgment of the General Court of 24 October 2019 — E-Control v ACER
      (Case T-332/17) (1)
      
      (Energy - Decision of the Board of Appeal of ACER - Determination of the capacity calculation regions - Action for annulment - Interest in bringing proceedings - Inadmissible in part - Regulation (EU) 2015/1222 - ACER’s competence)
      (2019/C 432/39)
      Language of the case: English
      
         Parties
      
      
         Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer)
      
         Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)
      
         Intervener in support of the applicant: Verbund AG (Vienna) (represented by: S. Polster, lawyer)
      
         Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent)
      
         Re:
      
      Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeal brought by Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control);
                  
               
            
                  2.
               
               
                  
                     Dismisses the action as to the remainder;
                  
               
            
                  3.
               
               
                  
                     Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by E-Control;
                  
               
            
                  4.
               
               
                  
                     Declares that E-Control is to bear three quarters of its own costs;
                  
               
            
                  5.
               
               
                  
                     Declares that the Czech Republic, the Republic of Poland and Verbund AG are to bear their own costs.
                  
               
            
         (1)  OJ C 249, 31.7.2017.