Judgment_paragraph 48 · Magyar Energetikai és Közmű-szabályozási Hivatal (MEKH) v European Union Agency for the Cooperation of Energy Regulators (T-684/19)

48Furthermore, ACER is correct in stating, in essence, that the obligation to exhaust the procedure before the Board of Appeal of ACER before bringing an action before the Court of Justice of the European Union, laid down in Article 29 of Regulation 2019/942, means, in principle, that pleas in law that have not been not submitted before that Board of Appeal may not be put forward for the first time before the General Court in an action for annulment. Since that action for annulment relates exclusively to the decision of that Board of Appeal, it must be examined in the light of the factual and legal context of the disputes as they were brought before that Board of Appeal.

Magyar Energetikai és Közmű-szabályozási Hivatal (MEKH) v European Union Agency for the Cooperation of Energy Regulators (T-684/19)

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