CELEX: 62018CA0117
Language: en
Date: 2019-12-04 00:00:00
Title: Case C-117/18 P: Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading GmbH v European Commission (Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant)

3.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/4
            
         
      Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading GmbH v European Commission
      (Case C-117/18 P) (1)
      
      (Appeal - Internal market in natural gas - Directive 2009/73/EC - Article 32 - Third-party access - Article 41(6), (8) and (10) - Rules on tariffs - Article 36 - Application for an exemption - Rules governing the operation of the OPAL pipeline - National regulatory authority - Exemption decision - Request for modification - European Commission Decision - Action for annulment - Fourth paragraph of Article 263 TFEU - Admissibility - Decision of no direct concern to the appellant)
      (2020/C 36/04)
      Language of the case: Polish
      
         Parties
      
      
         Appellant: PGNiG Supply & Trading GmbH (represented by: M. Jeżewski, O. Waluśkiewicz, adwokaci, E. Buczkowska and M. Trepka, radcowie prawni)
      
         Other party to the proceedings: European Commission (represented by: K. Herrmann and O. Beynet, acting as Agents),
      
         Intervener in support of the Commission: Federal Republic of Germany (represented initially by T. Henze, and subsequently by J. Möller, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the appeal;
               
            
                  2.
               
               
                  Orders PGNiG Supply & Trading GmbH to pay its own costs and bear those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Federal Republic of Germany to pay its own costs.
               
            
         (1)  OJ C 161, 7.5.2018.