Judgment of the General Court of 15 December 2016 — DEI v Commission
(Case T-421/09 RENV) 1
(Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC — Article 86(3) EC — Obligation to state reasons — Proportionality — Freedom of contract)
Language of the case: Greek
Parties
Applicant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: P. Anestis, lawyer)
Intervener in support of the applicant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents)
Defendant: European Commission (represented by: T. Christoforou, Agent, and A. Oikonomou, lawyer)
Re:
Application based on Article 263 TFEU and seeking the 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.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Dimosia Epicheirisi Ilektrismou AE (DEI), in addition to bearing its own costs, to pay those incurred by the European Commission;
Declares that the Hellenic Republic is to bear its own costs.
____________1 OJ C 11, 16.1.2010.