Judgment of the General Court of 15 December 2016 — DEI v Commission
(Case T-169/08 RENV) 1
(Competition — Abuse of a dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC — Grant or maintenance of exploitation rights for public deposits of lignite in favour of a public undertaking — Definition of the markets at issue — Existence of unequal opportunities — Obligation to state reasons — Legitimate expectations — Misuse of powers — Proportionality)
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)
Interveners in support of the defendant: Elpedison Paragogi Ilektrikis Energeias AE (Elpedison Energeiaki), formerly Energeiaki Thessalonikis AE (Marousi, Greece) and Elliniki Energeia kai Anaptyxi AE (HE & D SA) (Kifisia, Greece) (represented by: P. Skouris and E. Trova, lawyers) and Mytilinaios AE (Athens), Protergia AE (Athens) et Alouminion tis Ellados VEAE, formerly Alouminion AE (Athens) (represented by: N. Korogiannakis, I. Zarzoura, D. Diakopoulos and E. Chrisafis, lawyers)
Re:
Application based on Article 263 TFEU and seeking the annulment of Commission decision C(2008) 824 final 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, by Elpedison Paragogi Ilektrikis Energeias AE (Elpedison Energeiaki), by Elliniki Energeia kai Anaptyxi AE (HE & D SA), by Mytilinaios AE, by Protergia AE and by Alouminion tis Ellados VEAE;
Declares that the Hellenic Republic is to bear its own costs.
____________1 OJ C 183, 19.7.2008.