Polskie Gornictwo Naftowe i Gazownictwo v Commission (Rejet de plainte) (Judgment) French Text [2022] EUECJ T-399/19 (02 February 2022)

Polskie Gornictwo Naftowe i Gazownictwo v Commission (Rejet de plainte) (Judgment) French Text [2022] EUECJ T-399/19 (02 February 2022)

The Tribunal found that the Commission violated Article 7(1) of Regulation 773/2004 by failing to expressly inform the applicant that the rejection of its complaint was based on the possible application of the state action doctrine, thus depriving the applicant of the opportunity to be heard on this point....

Source-derived case information.

Citation
[2022] EUECJ T-399/19
Parties
Applicant: Polskie Górnictwo Naftowe i Gazownictwo S.A.; Respondent: Commission européenne; Intervener: Gazprom PJSC; Intervener: Gazprom export LLC
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
partial annulment
Legal Topics
Abuse of Dominant Position, State Action Doctrine, Procedural Rights of Complainants, Gas Market Regulation, Rejection of Complaint, Obligation of Diligent Examination
EU Competition Law Abuse of Dominant Position State Action Doctrine Procedural Rights of Complainants Gas Market Regulation Rejection of Complaint Obligation of Diligent Examination

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Summary, issues, holding and outcome

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Parties

Polskie Górnictwo Naftowe i Gazownictwo S.A.

Applicant

Commission européenne

Respondent

Gazprom PJSC

Intervener

Gazprom export LLC

Intervener

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the Commission violated procedural rights by not adequately informing the applicant of the grounds for rejection of its complaint
  2. 2 Whether the Commission erred in applying the state action doctrine to conduct allegedly compelled by a third-country (Russia)
  3. 3 Whether the Commission erred in relying on the Polish certification decision as justification for rejecting the complaint

Ratio Decidendi

The Tribunal found that the Commission violated Article 7(1) of Regulation 773/2004 by failing to expressly inform the applicant that the rejection of its complaint was based on the possible application of the state action doctrine, thus depriving the applicant of the opportunity to be heard on this point. Furthermore, the Commission erred in relying on the Polish certification decision as a decisive justification for rejection without considering the non-implementation of key aspects relevant to competition. These procedural violations could have led to a different outcome, warranting annulment of the contested decision to the extent it rejected the allegations concerning infrastructure...

Court Disposition

partial annulment

Orders

  • The decision C(2019) 3003 final of the Commission is annulled insofar as it rejects the allegations concerning infrastructure conditions.
  • The remainder of the action is dismissed.