Action brought on 29 January 2021 — EnergieVerbund Dresden v Commission

(Case T-61/21)

(2021/C 138/53)

Language of the case: German

Parties

Applicant: EnergieVerbund Dresden GmbH (Dresden, Germany) (represented by: I. Zenke and T. Heymann, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—	Annul the defendant’s decision of 17 September 2019 declaring the E.ON/innogy concentration to be compatible with the internal market (Case M.8870) (OJ 2020 C 379, p. 16);

—

order the defendant to produce the M.8870 and M.8871 files concerning (i) the discussions between the defendant and the merging parties before and during the merger proceedings, (ii) the separate notification of the individual parts of the transaction, and (iii) its change of opinion during the proceedings;

—	order the defendant to pay the costs of the proceedings, including the applicant’s lawyers’ and travel costs incurred as a result of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law which are, in essence, identical or similar to those raised in Case T-53/21, EVH v Commission.