CJEU Case T-526/19 / Order

Nord Stream 2 AG v European Parliament and Council of the European Union
Policy area
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Eight Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Case T-526/19 / Order

    Key facts of the case:

    Action for annulment — Energy — Internal market in natural gas — Directive (EU) 2019/692 — Application of Directive 2009/73/EC to gas lines to or from third countries — No direct concern — Inadmissibility — Production of documents obtained unlawfully.

    Outcome of the case:

    THE GENERAL COURT (Eighth Chamber) hereby orders:

    1. The documents produced by Nord Stream 2 AG as Annexes A. 14 and O. 20 are removed from the file and there is no need to take account of the passages of the application and annexes in which extracts of those documents are reproduced.
    2. The application for a decision on a procedural issue submitted by the Council of the European Union is dismissed as to the remainder.
    3. The documents produced by Nord Stream 2 as Annexes M. 26 and M. 30 are removed from the file.
    4. The action is dismissed as inadmissible.
    5. There is no need to adjudicate on the applications for leave to intervene submitted by the Republic of Estonia, by the Republic of Latvia, by the Republic of Lithuania, by the Republic of Poland and by the European Commission.
    6. Nord Stream 2 is ordered to pay the costs of the European Parliament and of the Council, except for those relating to the applications for leave to intervene.
    7. Nord Stream 2, the Parliament and the Council, as well as the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland and the Commission, are to bear their own costs in relation to the applications for leave to intervene.
  • Paragraphs referring to EU Charter

    119) It should be added that, contrary to the applicant’s assertions, the fact that the Parliament and the Council adopted the contested act in the form of a directive or that they decided to grant a derogation under the new Article 49a of Directive 2009/73, as amended, only to pipelines ‘completed before 23 May 2019’ is not such as to restrict its right to an effective judicial remedy under Article 47 of the Charter of Fundamental Rights of the European Union.