Дело T-***/**: *****************, Определение от **.**.2023 г.

Текст

... n of gas transmission capacity booking platforms – ACER decision in the absence of agreement between the national regulatory authorities – Selection procedure by ACER – Conditions for ACER to resume the proceedings after referral back by the Board of Appeal – Scope and intensity of the Board of Appeal’s review of the legality of ACER decisions – Manifestly well-founded action)

In Case T‑212/20,

Operator Gazociągów Przesylowych Gaz-System S.A., established in Warsaw (Poland), represented by E. Buczkowska and M. Trepka, lawyers,

applicant,

supported by

Republic of Poland, represented by B. Majczyna, acting as Agent,

intervener,

v

European Union Agency for the Cooperation of Energy Regulators (ACER), represented by P. Martinet and S. Vaona, acting as Agents, and by E. Ameye, M. Sousa Ferro and E. Abril Fernández, lawyers,

defendant,

THE GENERAL COURT (Third Chamber),

composed of F. Schalin, President, P. Škvařilová-Pelzl (Rapporteur) and I. Nõmm, Judges,

Registrar: V. Di Bucci,

having regard to the written part of the procedure,

makes the following

Order

1. By its action under Article 263 TFEU, the applicant, Operator Gazociągów Przesylowych Gaz-System S.A., asks the General Court to annul Decision No A-006-2019 of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) (‘the Board of Appeal’) of 7 February 2020 (‘the contested decision’).

Background to the dispute

2. The network codes, established by means of European Commission regulations, are a key instrument for European harmonisation and the development of an integrated energy market. They are a set of ...