The court issued its judgment in a claim for damages of 50 million Euros brought by the SNCB against Electrabel for excessive pricing. Basing its argument on a study published by the CREG in 2009, SNCB alleged that Electrabel had abused its dominant position on the electricity market by charging its commercial customers for CO2 emission rights it had been granted for free by the Belgian government within the framework of the EU Emissions Trading System. Although the court agreed that Electrabel holds a dominant position on the Belgian wholesale electricity market, it considered the evidence consisting of the report drawn up by the CREG to be insufficient to substantiate the claim of abuse. It is unclear whether the SNCB will appeal this decision, but the CREG has in the meantime issued a new report, again concluding that Electrabel has generated close to 2 billion Euros by charging its customers for CO2 rights it was granted for free. It remains to be seen if the Court of Appeal will accept this amended report as conclusive evidence, taking into account the fact that Electrabel refused to cooperate with the CREG in preparing its report.