Judgment of the General Court (Sixth Chamber) of 20 September 2012 — DEI v Commission

(Case T‑421/09)

Competition — Abuse of dominant position — Greek markets for the supply of lignite and wholesale electricity — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision — Article 86(3) EC — Annulment of the earlier decision

Actions for annulment — Contested act — Decision establishing measures to correct an anti-competitive infringement found in an earlier annulled decision — No legal basis — Annulment (Art. 86(3) EC; Art. 263 TFEU) (see paras 38-40)

Re:

APPLICATION for annulment of Commission Decision C(2009) 6244 final of 4 August 2009 establishing specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of DEI for the extraction of lignite.

The Court:

1. Annuls Commission Decision C(2009) 6244 final of 4 August 2009 establishing specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of Dimosia Epicheirisi Ilektrismou AE (DEI) for the extraction of lignite;

2. Orders the European Commission to pay the costs incurred by DEI, in addition to bearing its own;

3. Orders the Hellenic Republic to bear its own costs.