This document is an excerpt from the EUR-Lex website
Document 62021CA0042
Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)
Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)
Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)
OJ C 71, 27.2.2023, p. 4–4
(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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27.2.2023 |
EN |
Official Journal of the European Union |
C 71/4 |
Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB
(Case C-42/21 P) (1)
(Appeal - Competition - Abuse of dominant position - Rail freight market - Decision finding an infringement of Article 102 TFEU - Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company - Removal of a section of railway track - Concept of ‘abuse’ - Actual or likely exclusion of a competitor - Exercise by the General Court of its powers of unlimited jurisdiction - Reduction of the fine)
(2023/C 71/04)
Language of the case: English
Parties
Appellant: Lietuvos geležinkeliai AB (represented by: K. Apel, W. Deselaers and P. Kirst, Rechtsanwälte)
Other parties to the proceedings: European Commission (represented by: A. Cleenewerck de Crayencour, A. Dawes, H. Leupold and G. Meessen, acting as Agents), Orlen Lietuva AB (represented by: C. Conte, avvocato, and C. Thomas, avocat)
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Lietuvos geležinkeliai AB to bear its own costs and to pay the costs incurred by the European Commission and by Orlen Lietuva AB. |