European Union – Action for annulment. By its appeal, the European Commission sought to have set aside the judgment of the General Court of the European Union (see [2013] All ER (D) 90 (Sep)) annulling Commission Decision C(2011) 4509 on the exemption of an underground gas storage facility in Dambořice (Czech Republic) from the internal market rules on third party access. The Court of Justice of the European Union allowed the European Commission's action in respect of the first plea in law and referred the case back to the General Court for judgment on the second and third pleas in law.