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EU General Court upholds RWE/E.ON merger clearance: asset swap not a single concentration; third-party standing curtailed; challenges to 2019 EUMR approval mostly dismissed or inadmissible

Practice notes
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CASE HUB NOTE—appeals lodged before the Court of Justice in Cases C- 470/23, C- 469/20 and C- 468/20, C- 467/20, C- 466/20, C- 465/20 and C- 464/20, C- 484/20 and C- 485/20 ARCHIVED —this archived case hub reflects the position at the date of the judgments 17 May 2023; it is no longer maintained. See further, Case facts

Outline

Proceedings were brought before the General Court seeking to annul the Commission’s decision of 26 February 2019, which granted unconditional clearance for RWE’s acquisition of E.On’s renewable and nuclear electricity generation activities (M.8872).

Latest developments

On 17 May 2023, the General Court delivered 11 judgments. Six actions were rejected in their entirety as unfounded; among other findings, the Court determined that the notion of ‘single concentration’ is not applicable in the context of asset swap arrangements. In the remaining five actions, the Court declared the cases inadmissible, concluding that the applicants had not established that they possessed standing to bring proceedings...

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Web page updated on 21/05/2026

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