Judgment_paragraph 33 · Aquind Ltd and Others v European Union Agency for the Cooperation of Energy Regulators (T-492/21)

33In the present case, when the Court annulled the decision of the Board of Appeal of 17 October 2018 and it was once again required to examine ACER’s decision, the legal basis for its power to examine actions against ACER’s decisions, including those relating to exemptions, was contained in Article 28 of Regulation 2019/942. Regulation 2019/942 replaced Regulation No 713/2009 and entered into force on 4 July 2019, namely prior to the adoption of the contested decision. Accordingly, the provisions of Article 28 of Regulation 2019/942 were, in principle, applicable in the case (see, to that effect, judgment of 7 September 2022, BNetzA v ACER, T‑631/19, EU:T:2022:509, paragraphs 21 and 81). As regards ACER, the legal basis establishing its power to adopt a decision on a request for an exemption was contained in Article 10 of Regulation 2019/942 and Article 63(5) of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ 2019 L 158, p. 54).