LUXEMBOURG, March 19, 2026 — The Court of Justice of the European Union has upheld the European Commission’s approval of E.ON’s acquisition of Innogy’s distribution and retail energy business, dismissing appeals brought by German municipal utilities.
The ruling confirms earlier judgments by the General Court and validates the Commission’s assessment that the transaction complies with EU competition rules .
The case stems from a complex 2018 asset swap between German energy groups RWE and E.ON, involving multiple transactions, including E.ON’s takeover of Innogy’s retail and distribution activities. The Commission cleared the deal in 2019 following a merger review.
Several municipal energy providers challenged the approval, arguing that the transaction should have been assessed as part of a broader single concentration and that it could harm competition. However, both the General Court and now the Court of Justice rejected those claims.
In its latest judgment, the Court confirmed that the different elements of the asset swap did not constitute a single concentration under EU merger rules, as they did not involve a unified transfer of control to the same undertaking .
The Court also found no manifest errors in the Commission’s competitive assessment of the transaction, reinforcing the legality of the clearance decision.
The ruling effectively closes the legal challenge to one of Europe’s most significant energy sector restructurings in recent years, consolidating E.ON’s position in energy distribution and retail markets while leaving RWE focused on generation activities.
Source: https://curia.europa.eu/site/upload/docs/application/pdf/2026-03/cp260041en.pdf
