Court of Justice 16 January 2025, C-281/23 P and C-282/23 P (Polskie sieci elektroenergetyczne S.A. and Others v European Union Agency for the Cooperation of Energy Regulators.)

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In the opinion delivered by Advocate General Campos Sánchez-Bordona, the core legal dispute revolves around the appeals by various electricity transmission system operators (TSOs) challenging the General Court's dismissal of their actions against ACER's decisions regarding the implementation frameworks for the aFRR and mFRR platforms. The appellants argue that the General Court erred in its assessment of the intensity of the review conducted by the Board of Appeal of ACER and misapplied relevant provisions of Regulation (EU) 2017/2195, which govern the operation of these platforms. The opinion addresses the legal implications of these arguments and the potential impact on the appellants' legal standing.AI