CERHA HEMPEL successfully represented the transmission system operator Austrian Power Grid before the EU-General Court (Court of First Instance) by bringing an action for annulment against the decision of ACER regarding the composition of the capacity calculation regions, which also ordered the separation of the German-Austria electricity price zone.
The Austrian transmission system operator APG, represented by CERHA HEMPEL, brought an action against the decision of ACER, the European energy agency. The General Court has now ruled (in case T-333/17) that the action for annulment brought by CERHA HEMPEL was well founded and has annulled the decision of the ACER Board of Appeal due to ACER's lack of jurisdiction in the matter. "We're pleased to have provided greater legal certainty on a complex legal issue of relevance to the internal market in electricity", said CERHA HEMPEL partner Hans Kristoferitsch who as the lead partner conceived and prepared the action for annulment. "This success underscores our expertise as a leading law firm with experience of proceedings before the EU Courts and in energy law. It was the first such action brought against a decision of ACER", explains Stefan Huber, partner at CERHA HEMPEL, who was involved in the proceedings.
Hans Kristoferitsch and Stefan Huber lead the team at CERHA HEMPEL that specialises in public commercial law, which also covers public law, EU law including state aid, and white collar crime. Kristoferitsch and Huber: "Our team is not only above average in size compared to other firms in the market, it quite clearly also enjoys above average success".