The EU Court of Justice clarifies the scope for State aid rules in the nuclear energy sector covered by the Euratom Treaty, as well as their relationship with the general principles of environmental law (Hinkley Point C)

On 22 September 2020, the Grand Chamber of the Court of Justice (the “Court”) dismissed the appeal brought by Austria against the judgment of the General Court (case T-356/15) that rejected its application for annulment against Commission Decision (EU) 2015/658 of 8 October 2014 on the aid measure SA.34947 (2013/C) (ex 2013/N) (the “Contested Decision”). The Contested Decision had authorised an aid measure envisaged by the United Kingdom to support the development of Hinkley Point C nuclear power station on the basis of Article 107(3) (c) TFEU. The Contested Decision and the proceedings before the EU Courts touched upon fundamental issues of EU environmental policy (e.g. the choice between using nuclear energy or other renewable resources). The political relevance of this case is also

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Markus Wellinger, Francesco Pili, The EU Court of Justice clarifies the scope for State aid rules in the nuclear energy sector covered by the Euratom Treaty, as well as their relationship with the general principles of environmental law (Hinkley Point C), 22 September 2020, e-Competitions September 2020, Art. N° 97170

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