Withdrawal of appeal in energy regulation dispute renders proceedings moot; determination of amount in dispute under GKG and ZPO

The Federal Court of Justice (Cartel Senate) dismissed the appeal by declaring the proceeding never instituted, as the affected party withdrew its complaint in agreement with the Federal Network Agency, thereby leaving the lower decision in force; the court ordered the complainant to bear the costs of the appeal and legal remedy proceedings and set the amount in dispute at €4,948,255. The dispute involved an energy regulation matter where the affected party challenged a decision by the regulatory authority, but the core procedural issue was the withdrawal of the appellate complaint. The decisive legal basis for treating the case as not pending upon withdrawal is established in precedent, with the value in dispute calculated pursuant to § 50 Abs. 1 Satz 1 Nr. 2 GKG in conjunction with § 3 ZPO.