Summary

Polski Koncern Naftowy Orlen SA, Polskie Górnictwo Naftowe i Gazownictwo SA, Republic of Lithuania, Republic of Poland, Gazprom PJSC, Gazprom export LLC, Overgas Inc

Appeal - Competition - Gas markets of Central and Eastern Europe - Article 102 TFEU - Article 54 of the Agreement on the European Economic Area - Abuse of dominant position - Upstream gas supplies in Central and Eastern Europe - Regulation (EC) No 1/2003 - Article 9(1) - Decision of the European Commission to make binding the individual commitments proposed by an undertaking - Action for annulment - Adequacy of those commitments in the light of the competition concerns identified in the statement of objections - Nature of the EU Courts' power of review - Commission decision not to require commitments in relation to some of the initial concerns - Principle of good administration - Principle of proportionality - Obligation to state reasons - Energy policy objectives of the European Union - Article 194 TFEU - Principle of energy solidarity

By its appeal, Orlen S.A., formerly Polski Koncern Naftowy Orlen S.A., successor in title to Polskie Górnictwo Naftowe i Gazownictwo S.A., asks the Court of Justice to set aside the judgment of the General Court of the European Union of 2 February 2022, Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom) (T-616/18, EU:T:2022:43; 'the judgment under appeal'), by which the General Court dismissed its action for annulment of Commission Decision C(2018) 3106 final of 24 May 2018 relating to a proceeding under Article 102 [TFEU] and Article 54 of the EEA Agreement (Case AT.39816 - Upstream gas supplies in Central and Eastern Europe) ('the decision at issue').