Judgment of the Court (Fifth Chamber) of 4 December 2019

Data

Court: Court of Justice

Case date: 4 december 2019

Verdict

Judgment of the Court (Fifth Chamber) of 4 December 2019 — PGNiG Supply & Trading v Commission

(Case C‑117/18 P)^(*)

"(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)"

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themConditions cumulative in natureInadmissibility of the action where just one of those conditions not met

(Art. 263, fourth para., TFEU)

(see paras 26, 27)

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themWhether directly concernedCriteriaCommission decision, addressed to a national regulatory authority, asking it to amend a decision derogating from EU rules governing the operating conditions of a gas pipelineDiscretion of the national regulatory authority responsible for implementing itCharacterisationNot directly concernedInadmissibility

(Art. 263, fourth para., TFEU; European Parliament and Council Directive 2009/73, Art. 36)

(see paras 28, 29, 31-44)

Operative part

The Court:

Dismisses the appeal;

Orders PGNiG Supply & Trading GmbH to pay its own costs and bear those incurred by the European Commission;

Orders the Federal Republic of Germany to pay its own costs.