Court of Justice 11 July 2024, C-121/23 P (Swissgrid AG v European Commission.)

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The Opinion of Advocate General Kokott addresses the legal dispute regarding the European Commission's refusal to authorize Swissgrid AG's participation in the European balancing platforms under Regulation (EU) 2017/2195. The Advocate General argues that the General Court's classification of the Commission's letter as a non-challengeable act due to its lack of binding legal effects denies justice, as it fails to recognize the potential for judicial review of the Commission's exercise of discretion. The opinion emphasizes the necessity for the courts to assess whether the Commission acted within its broad discretion and whether the letter's content constitutes a challengeable act under Article 263 TFEU.AI