Order of the General Court (Seventh Chamber) of 24 November 2010 – Concord Power Nordal v Commission

(Case T-317/09)

Action for annulment – Internal market in natural gas – Article 22 of Directive 2003/55/EC – Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption – Act not open to challenge – Inadmissibility

Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Letter sent by the Commission to a national regulatory authority in the context of the procedure under Article 22(4) of Directive 2003/55 – Not included (Art. 230 EC; European Parliament and Council Directive No 2003/55, Art. 22(4)) (see paras 43-52, 58)

Re:

ACTION for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part

1. It is not necessary to rule on the requests for confidential treatment made by Concord Power Nordal GmbH.

2. The action is dismissed.

3. Concord Power Nordal is ordered to bear its own costs and pay those incurred by the European Commission.

4. OPAL NEL Transport GmbH is ordered to bear its own costs.