This document is an excerpt from the EUR-Lex website
Document 62019TN0631
Case T-631/19: Action brought on 21 September 2019 — BNetzA v ACER
Case T-631/19: Action brought on 21 September 2019 — BNetzA v ACER
Case T-631/19: Action brought on 21 September 2019 — BNetzA v ACER
OJ C 383, 11.11.2019, p. 69–71
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.11.2019 |
EN |
Official Journal of the European Union |
C 383/69 |
Action brought on 21 September 2019 — BNetzA v ACER
(Case T-631/19)
(2019/C 383/78)
Language of the case: German
Parties
Applicant: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA) (represented by: H. Haller, T. Heitling, L. Reiser, N. Gremminger and V. Vacha, lawyers)
Defendant: Agency for the Cooperation of Energy Regulators (ACER)
Form of order sought
The applicant claims that the Court should:
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annul the provisions listed below of Decision No 2/2019 of the defendant of 21 February 2019, and the related decision No A-003-2019 of the defendant’s Board of Appeal of 11 July 2019:
|
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in the alternative, annul in its entirety Decision No 2/2019 of the defendant of 21 February 2019, and the related decision No A-003-2019 of the defendant’s Board of Appeal of 11 July 2019; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on the following pleas in law:
1. |
First plea in law, alleging the formal unlawfulness of the contested decision. The contested decision taken by ACER is formally unlawful since ACER exceeded the limits of its competence by taking that decision. |
2. |
Second plea in law, alleging an infringement of Regulation (EU) 2019/943 of the European Parliament and of the Council. (1)
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3. |
Third plea in law, alleging an infringement of Commission Regulation (EU) 2015/1222. (2)
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4. |
Fourth plea in law, alleging a breach of the principle of proportionality. The ACER decision is disproportionate because it is not capable of achieving the objectives of Regulation (EU) 2015/1222. |
5. |
Fifth plea in law, alleging a breach of the principle of non-discrimination. The determination of critical network elements and the early adoption of corrective actions in order to remove loop flows amounts to indirect discrimination on the basis of nationality. |
(1) Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ 2019 L 158, p. 54).
(2) Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ 2015 L 197, p. 24).