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Document 62022CA0255
Case C-255/22 P: Judgment of the Court (Second Chamber) of 26 September 2024 – Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., formerly Polskie Górnictwo Naftowe i Gazownictwo S.A. v European Commission (Appeal – Competition – Gas markets of Central and Eastern Europe – Article 102 TFEU – Article 54 of the Agreement on the European Economic Area – Abuse of dominant position – Upstream gas supplies in Central and Eastern Europe – Regulation (EC) No 1/2003 – Article 9(1) – Decision of the European Commission to make binding the individual commitments proposed by an undertaking – Action for annulment – Adequacy of those commitments in the light of the competition concerns identified in the statement of objections – Nature of the EU Courts’ power of review – Commission decision not to require commitments in relation to some of the initial concerns – Principle of good administration – Principle of proportionality – Obligation to state reasons – Energy policy objectives of the European Union – Article 194 TFEU – Principle of energy solidarity)
Case C-255/22 P: Judgment of the Court (Second Chamber) of 26 September 2024 – Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., formerly Polskie Górnictwo Naftowe i Gazownictwo S.A. v European Commission (Appeal – Competition – Gas markets of Central and Eastern Europe – Article 102 TFEU – Article 54 of the Agreement on the European Economic Area – Abuse of dominant position – Upstream gas supplies in Central and Eastern Europe – Regulation (EC) No 1/2003 – Article 9(1) – Decision of the European Commission to make binding the individual commitments proposed by an undertaking – Action for annulment – Adequacy of those commitments in the light of the competition concerns identified in the statement of objections – Nature of the EU Courts’ power of review – Commission decision not to require commitments in relation to some of the initial concerns – Principle of good administration – Principle of proportionality – Obligation to state reasons – Energy policy objectives of the European Union – Article 194 TFEU – Principle of energy solidarity)
Case C-255/22 P: Judgment of the Court (Second Chamber) of 26 September 2024 – Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., formerly Polskie Górnictwo Naftowe i Gazownictwo S.A. v European Commission (Appeal – Competition – Gas markets of Central and Eastern Europe – Article 102 TFEU – Article 54 of the Agreement on the European Economic Area – Abuse of dominant position – Upstream gas supplies in Central and Eastern Europe – Regulation (EC) No 1/2003 – Article 9(1) – Decision of the European Commission to make binding the individual commitments proposed by an undertaking – Action for annulment – Adequacy of those commitments in the light of the competition concerns identified in the statement of objections – Nature of the EU Courts’ power of review – Commission decision not to require commitments in relation to some of the initial concerns – Principle of good administration – Principle of proportionality – Obligation to state reasons – Energy policy objectives of the European Union – Article 194 TFEU – Principle of energy solidarity)
OJ C, C/2024/6613, 11.11.2024, ELI: http://data.europa.eu/eli/C/2024/6613/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/6613 |
11.11.2024 |
Judgment of the Court (Second Chamber) of 26 September 2024 – Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., formerly Polskie Górnictwo Naftowe i Gazownictwo S.A. v European Commission
(Case C-255/22 P) (1)
(Appeal - Competition - Gas markets of Central and Eastern Europe - Article 102 TFEU - Article 54 of the Agreement on the European Economic Area - Abuse of dominant position - Upstream gas supplies in Central and Eastern Europe - Regulation (EC) No 1/2003 - Article 9(1) - Decision of the European Commission to make binding the individual commitments proposed by an undertaking - Action for annulment - Adequacy of those commitments in the light of the competition concerns identified in the statement of objections - Nature of the EU Courts’ power of review - Commission decision not to require commitments in relation to some of the initial concerns - Principle of good administration - Principle of proportionality - Obligation to state reasons - Energy policy objectives of the European Union - Article 194 TFEU - Principle of energy solidarity)
(C/2024/6613)
Language of the case: Polish
Parties
Appellant: Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., formerly Polskie Górnictwo Naftowe i Gazownictwo S.A. (represented by: K. Karasiewicz, radca prawny, T. Kaźmierczak, K. Kicun and P. Moskwa, adwokaci)
Other parties to the proceedings: European Commission (represented by: G. Meessen, I. Söderlund and J. Szczodrowski, acting as Agents), Republic of Lithuania, Republic of Poland (represented by: B. Majczyna, K. Rudzińska and S. Żyrek, acting as Agents), Gazprom PJSC, Gazprom export LLC (represented by: E. Borovikov, J. Venit, avocats, J.T. Hainz, J. Karenfort, W. Murzin, Rechtsanwälte, and N. Tuominen, avocată), Overgas Inc. (represented by: S. Cappellari, S. Gröss, N. Jacobi, Rechtsanwälte, and J. Sroczyński, radca prawny)
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal and the cross-appeal; |
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Orders Orlen S.A. to bear its own costs and to pay those incurred by the European Commission, Gazprom PJSC and Gazprom export LLC in the appeal; |
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Orders Overgas Inc. to bear its own costs and to pay those incurred by the European Commission, Gazprom PJSC and Gazprom export LLC in the cross-appeal; |
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Orders the Republic of Poland to bear its own costs. |
ELI: http://data.europa.eu/eli/C/2024/6613/oj
ISSN 1977-091X (electronic edition)