(Appeal - Internal market in natural gas - Article 194(1) TFEU - Directive 2009/73/EC - Application by the German authority (Bundesnetzagentur) to vary the conditions for derogation from the EU rules relating to the operation of the OPAL pipeline - Commission decision on varying the conditions for derogation from the EU rules - Principle of energy solidarity)
174. In the light of the foregoing, I suggest that the Court:
(1) Dismiss the first, second, fourth and fifth grounds of the appeal brought by the Federal Republic of Germany.
(2) Declare the third ground of the appeal brought by the Federal Republic of Germany to be inadmissible.
(3) Order the Federal Republic of Germany to bear its own costs, as well as those incurred by the Republic of Poland.