On Thursday, 28 March, the European Court of Justice of the European Union (ECJ) annulled the General Court's ruling and the European Commission's decision on the EEG 2012 on the grounds that it was wrong to conclude that the funds generated by the EEG surcharge constituted State resources. [1] In light of the Court's judgements with respect to green electricity schemes in other Member States, the ECJ's judgement with respect to the German scheme came as a surprise, but provides further guidance on where to draw the line on the notion of State resources. In 2001, the ECJ, in its landmark ruling in PreussenElektra [2] found that an obligation imposed on private electricity suppliers to purchase electricity produced from renewable energy sources at fixed minimum prices did not involve
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The EU Court of Justice holds that funds generated by the EGG surcharges do not constitute State resources (EEG surcharge)
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