CELEX: 62016TB0849(01)
Language: en
Date: 2017-12-14 00:00:00
Title: Case T-849/16: Order of the General Court of 14 December 2017 — PGNiG Supply & Trading v Commission (Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation — Lack of direct concern — Inadmissibility)

12.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/29
            
         Order of the General Court of 14 December 2017 — PGNiG Supply & Trading v Commission
   (Case T-849/16) (1)
   
   ((Action for annulment - Internal market in natural gas - Directive 2009/73/EC - Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation - Lack of direct concern - Inadmissibility))
   (2018/C 052/41)
   Language of the case: Polish
   
      Parties
   
   
      Applicant: PGNiG Supply & Trading GmbH (Munich, Germany) (represented by: M. Jeżewski, lawyer)
   
      Defendant: European Commission (represented by: O. Beynet and K. Herrmann, acting as Agents)
   
      Re:
   
   Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2016) 6950 final of 28 October 2016 on the review of the conditions for exemption of the OPAL pipeline, granted under Directive 2003/55/EC, from the rules on third-party access and tariff regulation.
   
      Operative part of the order
   
   
               1.
            
            
               The action is dismissed as being inadmissible.
            
         
               2.
            
            
               There is no longer any need to adjudicate on the applications to intervene.
            
         
               3.
            
            
               PGNiG Supply & Trading GmbH shall bear its own costs and pay those of the European Commission, including the costs relating to the interlocutory proceedings.
            
         
               4.
            
            
               The Federal Republic of Germany shall bear its own costs relating to the interlocutory proceedings.
            
         
               5.
            
            
               PGNiG Supply & Trading, the Commission, the Federal Republic of Germany, the European Parliament, the Council of the European Union, Naftogaz Ukrainy SA, OPAL Gastransport GmbH & Co. KG and Gazprom Eksport LLC shall each bear their own respective costs relating to the applications to intervene.
            
         
      (1)  OJ C 38, 6.2.2017.