The Court of Appeal validly overturned the decision of the Chairman of the Competition and Consumer Protection Bureau to impose a fine of more than 29 billion złoty on Gazprom and its five partners building Nord Stream 2 – writes “Puls Biznesu” on Thursday.
This is the end of the closed-door trial in which the Russian gas giant fought against the 2020 decision of the President of the Office for Competition and Consumer Protection (UOKiK).
– we read in Thursday’s “Puls Biznesu”.
As the daily writes, the Court of Appeal rejected the complaint of the chairman of the Competition and Consumer Protection Office, Tomasz Chróstny, against the judgment of the court of first instance in favor of Gazprom.
This means that the decision of the head of the Polish antitrust agency has no legal force and has been thrown into the trash
– indicates “PB”.
The daily recalls that the case started in 2015, when the Competition and Consumer Protection Bureau received an application from six companies for permission to create a joint venture responsible for the construction and operation of the Nord Stream 2 gas pipeline , which runs from the Russian coast. from the Baltic Sea to the Greifswald area in Germany. In 2016, the agency objected to this concentration. It ruled that the proposed transaction could lead to a restriction of competition. The entrepreneurs have withdrawn their merger application. However, the companies soon signed an agreement to finance the gas pipeline. The Competition and Consumer Protection Bureau has initiated proceedings against Gazprom and its five contractors, it was reported.
Concentration without consent
As the daily writes, in 2020 Tomasz Chróstny concluded that Gazprom, without the consent of the President of the Competition and Consumer Protection Office, had focused on the construction and operation of the pipeline, and issued a decision imposing a fine was imposed. of PLN 29 billion on Gazprom. For its five contractors, the total fine amounted to PLN 234 million: OMV received a fine of PLN 87 million, Engie Energy PLN 55 million, Wintershall PLN 30 million, Shell PLN 30 million and Uniper PLN 29 million. Those punished did not agree with the decision and the case was submitted to the Court of Competition and Consumer Protection (SOKiK). In 2022, the judge made a ruling favorable to Gazprom and its partners, that is, he annulled the decision of the President of the Competition and Consumer Protection Bureau.
The chairman of the Office for Competition and Consumer Protection appealed. The appeals court also sided with Gazprom and its five contractors. The decision was validly annulled. There will be no fine for the builders of Nord Stream 2.
The Court of Appeal changed the judgment of the Court of Competition and Consumer Protection and ruled that the decision of the President of the Office for Competition and Consumer Protection was not issued in gross violation of the law. Thus, he confirmed that the agency president’s decision had legal authority. The Court of Appeal confirmed the remainder of the judgment of the court of first instance
– Małgorzata Cieloch, spokeswoman for the Competition and Consumer Protection Office, comments on the verdict, quoted by “PB”.
She added that the court has refrained from providing an oral justification for its decision, so the Competition and Consumer Protection Bureau is waiting for the written justification and once it reads it, it will decide on further legal action.
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mly/PAP
Source: wPolityce