Judgment_paragraph 181 · Austrian Power Grid AG and Others v European Union Agency for the Cooperation of Energy Regulators (T-606/20)

181In the light of the wording of Article 20 of Decision of the Board of Appeal No 1-2011, as amended on 5 October 2019, laying down the rules of organisation and procedure of the ACER Board of Appeal and an application, by analogy, of the case-law applicable to applications to the Court for measures of organisation of procedure or measures of inquiry in the context of proceedings brought before it (see, to that effect, judgments of 17 December 1998, Baustahlgewebe v Commission, C‑185/95 P, EU:C:1998:608, paragraphs 90 to 93, and of 12 May 2010, Commission v Meierhofer, T‑560/08 P, EU:T:2010:192, paragraph 61), it must be concluded that, in order to enable that board, represented by its chairperson, to determine whether such production was useful for the proper conduct of the proceedings before it, Group A had not only to identify in its application the documents requested, but also to provide the Board of Appeal with a minimum of evidence as to the usefulness of those documents for the purposes of those proceedings. The need to adopt the requested procedural measure by lifting, if necessary, the confidentiality of the documents at issue with regard to Group A was then a matter for the Board of Appeal, represented by its chairperson, to decide, and the group could, if necessary, challenge that assessment in the context of the action brought before the Court, in accordance with Article 29 of Regulation 2019/942, against the decision adopted at the end of the procedure, namely the contested decision, if it considered that the failure to adopt the procedural measure requested had an impact on the content of that decision.

Austrian Power Grid AG and Others v European Union Agency for the Cooperation of Energy Regulators (T-606/20)

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