Polskie Gornictwo Naftowe i Gazownictwo v Commission (Engagements de Gazprom) (Judgment) French Text [2022] EUECJ T-616/18 (02 February 2022)

Polskie Gornictwo Naftowe i Gazownictwo v Commission (Engagements de Gazprom) (Judgment) French Text [2022] EUECJ T-616/18 (02 February 2022)

The General Court held that the Commission did not commit a manifest error of assessment or violate the principle of proportionality by accepting commitments from Gazprom that did not address the Yamal grievances, as the Commission provided sufficient reasons for abandoning those concerns after further...

Source-derived case information.

Citation
[2022] EUECJ T-616/18
Parties
Applicant: Polskie Górnictwo Naftowe i Gazownictwo S.A.; Respondent: Commission européenne; Intervener (supporting Respondent): Gazprom PJSC; Intervener (supporting Respondent): Gazprom export LLC; Intervener (supporting Applicant): République de Lituanie; Intervener (supporting Applicant): République de Pologne; Intervener (supporting Applicant): Overgas Inc.
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment at General Court (tribunal), Eighth Chamber (extended Composition)
Outcome
Action dismissed
Legal Topics
Abuse of Dominant Position, Article 102 TFEU, Article 9 Regulation 1/2003, Energy Market Regulation, Proportionality, Obligation to State Reasons, Principle of Good Administration, Solidarity in Energy Policy
EU Competition Law Administrative Law Energy Law Abuse of Dominant Position Article 102 TFEU Article 9 Regulation 1/2003 Energy Market Regulation Proportionality +3 more

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Parties

Polskie Górnictwo Naftowe i Gazownictwo S.A.

Applicant

Commission européenne

Respondent

Gazprom PJSC

Intervener (supporting Respondent)

Gazprom export LLC

Intervener (supporting Respondent)

République de Lituanie

Intervener (supporting Applicant)

République de Pologne

Intervener (supporting Applicant)

Overgas Inc.

Intervener (supporting Applicant)

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment at General Court (tribunal), Eighth Chamber (extended Composition)

  1. 1 Whether the Commission erred in accepting commitments from Gazprom that did not address all competition concerns, particularly the 'Yamal' grievances.
  2. 2 Whether the commitments adequately addressed concerns regarding territorial restrictions and unfair pricing.
  3. 3 Whether the Commission violated the principle of proportionality and the obligation to state reasons.

Ratio Decidendi

The General Court held that the Commission did not commit a manifest error of assessment or violate the principle of proportionality by accepting commitments from Gazprom that did not address the Yamal grievances, as the Commission provided sufficient reasons for abandoning those concerns after further investigation. The Court found that the commitments adequately addressed the competition concerns as ultimately identified, and the applicant's arguments regarding discrimination, energy policy, and procedural irregularities were unfounded. The action was dismissed in its entirety.

Court Disposition

Action dismissed

Orders

  • The application for annulment is dismissed.
  • The applicant is ordered to bear its own costs and to pay those incurred by the Commission.