The Italian Council of State quashes an Article 102 TFEU infringement decision against an energy company on the grounds of misapplication of relevant facts to sustain an Article 102 TFEU infringement (Enel)

The Italian Council of State quashes an Article 102 TFEU infringement decision against the formal energy monopolist By the appeal judgment issued in Servizio Elettrico Nazionale v Autorità Garante della Concorrenza e del Mercato (SEN v AGCM) [1], the Council of State (CoS), the Italian supreme administrative court, has quashed the judgments made by the Regional Administrative Court of Latium (Tar Latium) [2] and a previous decision of the Italian Competition Authority (ICA). The ICA had originally found the Enel Group, the former energy monopolist, to have abused its dominant position in the market for retail supply of electricity and imposed a € 93 million competition fine [3]. However, following a preliminary judgment of the Court of Justice of the EU (CJEU) [4], the CoS took the view