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Document 62018CJ0117
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.
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.
Case C-117/18 P.
Court reports – general
ECLI identifier: ECLI:EU:C:2019:1042
Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading v 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)
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1. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Conditions cumulative in nature — Inadmissibility of the action where just one of those conditions not met (Art. 263, fourth para., TFEU) (see paras 26, 27) |
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2. |
Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Commission decision, addressed to a national regulatory authority, asking it to amend a decision derogating from EU rules governing the operating conditions of a gas pipeline — Discretion of the national regulatory authority responsible for implementing it — Characterisation — Not directly concerned — Inadmissibility |
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3. |
(Art. 263, fourth para., TFEU; European Parliament and Council Directive 2009/73, Art. 36) (see paras 28, 29, 31-44) |
Operative part
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders PGNiG Supply & Trading GmbH to pay its own costs and bear those incurred by the European Commission; |
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3. |
Orders the Federal Republic of Germany to pay its own costs. |
( 1 ) OJ C 161, 7.5.2018.