Official Journal of the European Union
Judgment of the General Court of 2 February 2022 — Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom)
(Case T-616/18) (1)
(Competition - Abuse of a dominant position - Gas markets of central and eastern Europe - Decision to make binding the individual commitments proposed by an undertaking - Article 9 of Regulation (EC) No 1/2003 - Whether the commitments are adequate in the light of the competition concerns initially identified in the statement of objections - Commission decision not to require commitments in relation to some of the initial concerns - Principle of sound administration - Transparency - Obligation to state reasons - Energy-policy objectives of the European Union - Principle of energy solidarity - Misuse of powers)
Language of the case: Polish
Applicant: Polskie Górnictwo Naftowe i Gazownictwo S.A. (Warsaw, Poland) (represented by: K. Karasiewicz, T. Kaźmierczak, K. Kicun and P. Moskwa, lawyers)
Defendant: European Commission (represented by: G. Meessen and J. Szczodrowski, acting as Agents)
Interveners in support of the applicant: Republic of Lithuania (represented by: K. Dieninis and R. Dzikovič, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Nowacki, acting as Agents), and Overgas Inc. (Sofia, Bulgaria) (represented by: S. Gröss and S. Cappellari, lawyers)
Interveners in support of the defendant: Gazprom PJSC (Moscow, Russia), and Gazprom export LLC (Saint Petersburg, Russia) (represented by: J. Karenfort, J. Hainz, B. Evtimov, N. Tuominen and J. Heithecker, lawyers, as well as D. O’Keeffe, Solicitor)
Application under Article 263 TFEU for annulment of Decision C(2018) 3106 final of the Commission of 24 May 2018 relating to a proceeding under Article 102 [TFEU] and Article 54 of the EEA Agreement (Case AT.39816 — Upstream Gas Supplies in Central and Eastern Europe).
Operative part of the judgment
Dismisses the action;
Orders Polskie Górnictwo Naftowe i Gazownictwo S.A. to bear its own costs and to pay those incurred by the European Commission, Gazprom PJSC and Gazprom export LLC;
Orders the Republic of Lithuania, the Republic of Poland and Overgas Inc. to bear their own respective costs.
(1) OJ C 4, 7.1.2019.