CELEX: 62016TA0883
Language: en
Date: 2019-09-10 00:00:00
Title: Case T-883/16: Judgment of the General Court of 10 September 2019 — Poland v Commission (Internal market in natural gas – Directive 2009/73/EC – Commission Decision approving the variation of the conditions for the exemption from EU requirements of the rules governing the operation of the OPAL pipeline with regard to third party access and tariff regulation – Article 36(1) of Directive 2009/73 – Principle of energy solidarity)

11.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/57
            
         
      Judgment of the General Court of 10 September 2019 — Poland v Commission
      (Case T-883/16) (1)
      
      (Internal market in natural gas - Directive 2009/73/EC - Commission Decision approving the variation of the conditions for the exemption from EU requirements of the rules governing the operation of the OPAL pipeline with regard to third party access and tariff regulation - Article 36(1) of Directive 2009/73 - Principle of energy solidarity)
      (2019/C 383/64)
      Language of the case: Polish
      
         Parties
      
      
         Applicant: Republic of Poland (represented by: B. Majczyna, K. Rudzińska and M. Kawnik, acting as Agents)
      
         Defendant: European Commission (represented by: O. Beynet and K. Herrmann, acting as Agents)
      
         Interveners in support of the applicants: Republic of Latvia (represented by: I. Kucina, G. Bambāne and V. Soņeca, Agents), and by Republic of Lithuania, (represented: initially by D. Kriaučiūnas, R. Dzikovič and R. Krasuckaitė, and subsequently by R. Dzikovič, acting as Agents)
      
         Interveners in support of the defendant: Federal Republic of Germany (represented: initially by T. Henze and R. Kanitz, and subsequently by R. Kanitz, acting as Agents)
      
         Re:
      
      Action pursuant to Article 263 TFEU seeking the 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 judgment
      
      The Court:
      
                  1.
               
               
                  
                     Annuls 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;
                  
               
            
                  2.
               
               
                  
                     Orders the European Commission to bear its own costs and those incurred by the Republic of Poland;
                  
               
            
                  3.
               
               
                  
                     Orders the Federal Republic of Germany, the Republic of Latvia and the Republic of Lithuania to bear their own costs.
                  
               
            
         (1)  OJ C 38, 6.2.2017.