The EU General Court upholds the EU Commission’s assessment that the Czech renewable energy support scheme involved State resources (FVE Holýšov I)

In a judgment of 20 September 2019, the EU General Court (the “General Court”) upheld a 2016 decision of the European Commission (the “Commission”) finding that a EUR 31 billion Czech support scheme in favour of renewable energy sources (“RES”) should be classified as State aid. The judgment confirms, in particular, the Commission’s assessment that the RES support scheme at issue relied on State resources, which is a prerequisite for a finding that a measure amounts to State aid. Recent cases have highlighted that when precisely RES support schemes should be regarded as involving State resources can be contentious, particularly where they are based on State-guaranteed prices. The judgment is of interest against that background in that it provides guidance on the interpretation and

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  • Baker Botts (Brussels)

Quotation

Daniel Vasbeck, The EU General Court upholds the EU Commission’s assessment that the Czech renewable energy support scheme involved State resources (FVE Holýšov I), 20 September 2019, e-Competitions Bulletin September 2019, Art. N° 92097

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