Judgment of the General Court (Seventh Chamber) of 24 October 2019 –Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER (Case T‑333/17)
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62017TJ0333_INF@2019-10-24/en
1. Action for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionInadmissibility (Art. 263 TFEU) (see paras 34, 43, 44)
2. Action for annulmentNatural or legal personsInterest in bringing proceedingsNeed for a vested and present interestAssessment at the time when the action was broughtAction capable of securing a benefit for the applicantNoneInadmissibility (Art. 263, fourth para. TFEU) (see paras 36, 37)
3. EU agenciesAgency for the Cooperation of Energy Regulators (ACER)PowersScopeTerms and conditions for access and operational security of cross-border electricity and gas infrastructureApproval of a proposal of the transmission system operators regarding the determination of capacity calculation regionsIncludedConditions (European Parliament and Council Regulation No 713/2009, Art. 8(1); Commission Regulation 2015/1222, Art. 9(10), (11) and (12)) (see paras 51-55, 59, 60)
Re: Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions. Operative part The Court:
1. Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeals brought by Austrian Power Grid AG and by Vorarlberger Übertragungsnetz GmbH;
2. Dismisses the action as to the remainder;
3. Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by Austrian Power Grid and by Vorarlberger Übertragungsnetz;
4. Declares that Austrian Power Grid and Vorarlberger Übertragungsnetz are to bear three quarters of their own costs;
5. Declares that the Czech Republic, the Republic of Poland, Verbund AG and Polskie Sieci Elektroenergetyczne S.A. are to bear their own costs.