BNetzA v ACER (Judgment) French Text [2022] EUECJ T-631/19 (07 September 2022)

BNetzA v ACER (Judgment) French Text [2022] EUECJ T-631/19 (07 September 2022)

The General Court held that, under the applicable EU regulations, ACER's competence to decide on the CCM was triggered when the national regulatory authorities failed to reach agreement within the prescribed period, and this competence extended to the entire regulatory issue, not just the disputed aspects. The Court...

Source-derived case information.

Citation
[2022] EUECJ T-631/19
Parties
Applicant: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA); Respondent: Agence de l’Union européenne pour la coopération des régulateurs de l’énergie (ACER)
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment at General Court (eu), Second Extended Chamber
Outcome
action dismissed
Legal Topics
Annulment of Administrative Decisions, Competence of EU Agencies, Electricity Market Regulation, Procedural Admissibility, Principle of Subsidiarity, Principle of Non Discrimination
EU Law Energy Law Administrative Law Annulment of Administrative Decisions Competence of EU Agencies Electricity Market Regulation Procedural Admissibility Principle of Subsidiarity +1 more

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Summary, issues, holding and outcome

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Parties

Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA)

Applicant

Agence de l’Union européenne pour la coopération des régulateurs de l’énergie (ACER)

Respondent

Procedural Posture

Action for Annulment / Final Judgment at General Court (eu), Second Extended Chamber

  1. 1 Whether ACER exceeded its competence under Article 9(7) and (12) of Regulation 2015/1222
  2. 2 Whether the Commission de Recours erred in not applying Articles 14-16 of Regulation 2019/943
  3. 3 Whether the contested decisions violated the principles of subsidiarity, proportionality, and non-discrimination

Ratio Decidendi

The General Court held that, under the applicable EU regulations, ACER's competence to decide on the CCM was triggered when the national regulatory authorities failed to reach agreement within the prescribed period, and this competence extended to the entire regulatory issue, not just the disputed aspects. The Court found that the Commission de Recours did not err in law by not limiting ACER's decision to only those points of disagreement or by not applying legal provisions that were not in force at the time of the initial decision. The action was admissible only against the decision of the Commission de Recours, not the initial ACER decision.

Court Disposition

action dismissed

Orders

  • The application is dismissed as unfounded.
  • The application is inadmissible insofar as it is directed against the initial ACER decision.