Action brought on 28 February 2017 — Exaa Abwicklungsstelle für Energieprodukte v ACER

(Case T-123/17)

Language of the case: German

Parties

Applicant: Exaa Abwicklungsstelle für Energieprodukte AG (Vienna, Austria) (represented by: B. Rajal, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER)

Form of order sought

The applicant claims that the Court should:

annul the decision of 17 February 2017 given by the Board of Appeal of the defendant in Case A-001-2017 (consolidated) concerning the rejection of the application for leave to intervene lodged by the applicant; and

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law:

First plea in law, alleging infringement of Article 11 of the Rules of Procedure of the Board of Appeal of the defendant and infringement of Article 41 of the Charter of Fundamental Rights of the European Union, since the Board of Appeal erred in finding that the applicant had no legitimate interest in the outcome of the appeal proceedings.

Second plea in law, alleging infringement of the second paragraph of Article 296 TFEU (serious failure to state reasons).

Third plea in law, alleging infringement of the right to be heard, since the Board of Appeal failed to notify the applicant of the position taken by the defendant in relation to the application made by the applicant for leave to intervene.

____________