Energy & State aid

State Aids

The EU Commission approves €400 million Danish aid scheme to support production of electricity from renewable energy sources
DG COMP (Brussels)
State aid: Commission approves €400 million Danish aid scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Danish aid scheme to support electricity production from renewable sources. The measure will help (...)

The EU Court of Justice dismisses the appeal against the General Court’s judgement highlighting that essential national interests may justify deviation from the normal public procurement (Achemos & Achema)
College of Europe (Bruges)
State Aid and Essential National Interest* Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes (...)

The EU Commission approves a prolongation and modification of a German scheme to support electricity production from renewable energy sources
DG COMP (Brussels)
State aid: Commission approves prolongation and modification of German scheme to support electricity production from renewable energy sources* The European Commission has approved, under EU State aid rules, the prolongation and modification of a German scheme to support the production of (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions
EFTA Surveillance Authority (Brussels)
ESA approves Norwegian aid scheme for alternative fuels infrastructure to reduce greenhouse gas emissions* The EFTA Surveillance Authority (ESA) has today approved a Norwegian aid scheme to support private sector investments in own-use alternative fuels infrastructure. The measure, which is (...)

The EU General Court provides further guidance on the standard of judicial review of Commission decisions not to raise objections at the end of a preliminary examination phase (Achema / Lifosa) (Verband Deutscher Alten)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 14 April 2021, the General Court delivered two judgments (Achema and Lifosa, Case T-300/19, and Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover, Case T-69/18, hereinafter “Achema” and “Verband Deutscher Alten”), which provide further guidance on the standard of judicial review (...)

The EU Commission approves Slovakian State aid rules to support the production of electricity from high-efficient cogeneration installations
DG COMP (Brussels)
State aid: Commission approves over €1 billion support for high-efficient cogeneration of electricity and heat in Slovakia* The European Commission has approved, under EU State aid rules, Slovak plans to support the production of electricity from high-efficient cogeneration installations (...)

The EU Commission opens an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than foreseen are in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into compensation for early closure of lignite-fired power plants in Germany* The European Commission has opened an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than (...)

The EU Commission approves a €254 million Romanian aid destined to support the upgrade of the district heating system in Bucharest
DG COMP (Brussels)
State aid: Commission approves €254 million Romanian aid to support rehabilitation of district heating system in Bucharest The European Commission has approved, under EU State Aid rules, Romanian plans to support the upgrade of the district heating system of the municipality of Bucharest. (...)

The EU Commission opens in-depth investigation into Romanian support measures in favour of national lignite-based electricity producer (CE Oltenia)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Romanian support measures in favour of CE Oltenia* The European Commission has opened an in-depth investigation to assess whether Romanian support measures in favour of Complexul Energetic Oltenia SA (‘CE Oltenia’) would be in line with EU (...)

The EU Commission approves amended Estonian scheme worth €450 million to support the production of electricity from renewable sources
DG COMP (Brussels)
State aid: Commission approves amended Estonian scheme worth €450 million to support production of electricity from renewable sources* The European Commission has approved, under EU State aid rules, the modification of the existing aid scheme to support electricity production from renewable (...)

The EFTA Surveillance Authority adopts revised emissions trading system State aid guidelines
EFTA Surveillance Authority (Brussels)
ESA adopts revised Emissions Trading System state aid guidelines* The EFTA Surveillance Authority adopts revised guidelines for assessing state aid for sectors exposed to the European carbon market, the Emissions Trading System (ETS). The guidelines will allow Iceland, Liechtenstein and Norway (...)

The EU Commission decides that a State guarantee can bridge the funding gap of an infrastructure project in the energy sector (LNG Terminal)
College of Europe (Bruges)
State Guarantee to an Energy Project* A state guarantee can bridge the funding gap of an infrastructure project. Introduction State aid rules allow energy infrastructure projects to be supported by as much aid as is necessary to bridge their “funding gap”; i.e. the difference between the (...)

The EU Commission approves a competitive tender mechanism to compensate for early closure of hard coal-fired power plants in Germany
DG COMP (Brussels)
State aid: Commission approves competitive tender mechanism to compensate for early closure of hard coal-fired power plants in Germany* The European Commission found that a competitive tender mechanism introduced by Germany to compensate hard coal-fired power plants for phasing out earlier (...)

The EU Commission approves €150 million Romanian scheme to support investments in district heating systems based on renewable energy sources
DG COMP (Brussels)
State aid: Commission approves €150 million Romanian scheme to support investments in district heating systems based on renewable energy sources* The European Commission has approved, under EU State Aid rules, a Romanian scheme to support the construction and/or upgrade of district heating (...)

The EFTA Surveillance Authority approves Norwegian State aid to cancelled Offshore Northern Seas conference and fair due to the COVID-19 pandemic (Offshore Northern Seas Foundation) Free
EFTA Surveillance Authority (Brussels)
COVID-19 pandemic: ESA approves state aid to cancelled Offshore Northern Seas conference and fair* The EFTA Surveillance Authority has today approved state aid for the Offshore Northern Seas Foundation’s (ONS) 2020 conference, which was cancelled as a result of the COVID-19 pandemic. The (...)

The EU General Court provides additional guidance on the scope of the presumption of advantage granted by State guarantees (IFPEN)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 5 October 2020, the General Court delivered another important judgment in the so-called EPIC saga – where “EPIC” is a French acronym standing for “Établissement Public à caractère Industriel et Commercial” (“Publicly owned industrial and commercial establishment”). The EPICs came under the (...)

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)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 (...)

The EU Court of Justice confirms the Commission’s approval of State aid for a nuclear energy plant (Hinkley Point C)
Greenberg Traurig (Berlin)
Hinkley Point C: ECJ Confirms Commission’s Approval of Aid to Nuclear Energy Plant* Months before the prospective final Brexit, the ECJ laid what is in all likelihood the last State aid milestone on the UK’s path out of the European Union – at the same time, the ECJ’s judgment in the „Hinkley (...)

The EU Court of Justice confirms the Commission decision approving UK aid for a nuclear power station (Hinkley Point C)
European Court of Justice (Luxembourg)
The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station* By decision of 8 October 2014, the European Commission approved aid which the United Kingdom is planning for Hinkley Point C nuclear power station, located in Somerset, (...)

The EU Court of Justice confirms that the nuclear energy sector is subject to state aid rules (Hinkley Point C)
Latham & Watkins (Brussels)
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University of Liège
On 22 September 2020, the Grand Chamber of the Court of Justice (‘Court’) dismissed Austria’s appeal against the General Court’s Judgment endorsing Commission Decision (EU) 2015/658 (‘the Judgment’). The Judgment was the first opportunity for the Court to rule whether the nuclear energy sector is (...)

The EU Commission opens an in-depth State aid investigation into a Belgian capacity mechanism
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 October 2020, the European Commission (the Commission) published a notice (the Notice) inviting interested third parties to comment on Belgium’s proposed Capacity Mechanism (the CM). The Notice was published as part of an in-depth State aid investigation launched by the Commission on 21 (...)

The EU Commission opens in-depth investigation to assess whether a Belgian capacity mechanism to safeguard the security of electricity supply is in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Belgian capacity mechanism* The European Commission has opened an in-depth investigation to assess whether a Belgian capacity mechanism to safeguard security of electricity supply is in line with EU State aid rules. Executive (...)

The EU Commission opens in-depth investigation into public support for expansion of a chemical company’s electric vehicles battery plant in Poland (LG Chem)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into public support for expansion of LG Chem’s electric vehicles battery plant in Poland* The European Commission has opened an in-depth investigation to assess whether €95 million of public support granted by Poland to chemical company LG Chem (...)

The EFTA Surveillance Authority approves prolongation of Norway’s financing for the flagship carbon capture testing facility (Technology Centre Mongstad)
EFTA Surveillance Authority (Brussels)
State Aid: ESA approves financing prolongation for Mongstad CCS Project* The EFTA Surveillance Authority (ESA) has today approved a prolongation of Norway’s financing for the flagship carbon capture testing facility established in Mongstad (the TCM). The TCM will receive financing for a further (...)

The EFTA Surveillance Authority approves the largest single State aid award it has ever approved by allowing the Norwegian Carbon Capture and Storage project
EFTA Surveillance Authority (Brussels)
ESA approves Norwegian Full-Scale Carbon Capture and Storage: up to €2.1bn in aid to meet climate goals* The CCS Full-Scale project is a central part of Norway’s efforts to reduce its carbon footprint and meet the European goal of climate-neutrality by 2050. It is the largest single state aid (...)

The EU Commission starts a process to revise guidelines on State aid for environmental protection and energy
Baker Botts (Brussels)
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University of Tilburg
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Baker Botts (Brussels)
The European Commission (Commission) recently announced a further step towards its forthcoming review of the State Aid Guidelines for Environmental Protection and Energy (EEAG). These guidelines, that were first adopted in 2014, are a major tool for the Commission to manage how its 27 Member (...)

The EU Advocate General Hogan releases its opinion on State aid for a new nuclear power plant in the UK (Hinkley Point C)
Lund University
Hinkley Point C – Is semi-permeable membrane protecting the internal market’s nucleus?* Who would have thought that a case from the UK would potentially shape the EU State aid policy for years to come, being decided just around the time of the UK’s exit from the EU? This situation is made all (...)

The EU Commission opens an in-depth investigation into the regulation mechanism for natural gas storage in France
DG COMP (Brussels)
State aid: the Commission launches an in-depth investigation into the regulation mechanism for natural gas storage in France* The European Commission has launched an in-depth investigation in order to determine whether the regulation mechanism for the storage of natural gas implemented by (...)

The EU General Court dismisses in its entirety the action made by a company in the potash mines sector and confirms the existence of aid measures (Iberpotash / EU Commission)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice dismisses an appeal by the beneficiary of an aid concluding that the preferential electricity tariff constituted incompatible State aid (Mytilinaios)
College of Europe (Bruges)
A PREFERENTIAL ELECTRICITY TARIFF SELECTIVE, CONFERS AND ADVANTAGE AND DISTORTS COMPETITION* Introduction On 11 December 2019, in case C‑332/18 P, Mytilinaios Anonymos Etairia — Omilos Epicheiriseon v European Commission, the Court of Justice probably wrote the last chapter in a long-running (...)

The EU Commission approves a project to support research and innovation in the battery value chain (IPCEI)
Bird & Bird (Brussels)
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Bird & Bird (Brussels)
In the beginning of December, the European Commission approved an Important Project of Common European Interest ("IPCEI") to support research and innovation in the battery value chain. The project, which has a funding capacity of up to €3.2 billion, was jointly notified by Belgium, Finland, (...)

The EU Court of Justice reinforces its strict approach and holds that alterations to an approved aid scheme are to be cleared by the Commission (Dilly’s Wellnesshotel)
Baker Botts (Brussels)
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University of Tilburg
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Baker Botts (Brussels)
The EU’s State aid procedures are complex and often slow and not always easy to navigate. Many companies may be content to leave the process of obtaining a green light from the European Commission (the “Commission”) to government authorities. Or they may take comfort from the fact that a large (...)

The EU Court of Justice provides a preliminary ruling relating to a dispute between several electricity and hydroelectricity producers concerning a tax on the use of inland waters for the production of electricity (UNESA)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice provides further guidance on the selectivity assessment of environmental taxes in the framework of autonomous communities (UNESA)
Van Bael & Bellis (Brussels)
On 7 November 2019, the Court of Justice of the European Union (the “ECJ”) delivered a judgment on a request for a preliminary ruling by the Spanish Supreme Court. The request was made in proceedings between several hydroelectricity producers and the Spanish authorities, with regard to the (...)

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

The EU Commission approves a Croatian support for the construction and operation of a terminal under State aid rules (LGN Terminal)
DG COMP (Brussels)
State aid: Commission approves public support for Croatian LNG terminal at Krk island* The European Commission has found Croatian plans to support the construction and operation of a liquid natural gas (LNG) terminal at Krk island to be in line with EU State aid rules. The project will (...)

The EU Commission approves under State aid rules the support for the production of electricity from renewable sources in Italy
DG COMP (Brussels)
State aid: Commission approves €5.4 billion support for production of electricity from renewable sources in Italy* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Italy. The measure will contribute to the EU (...)

The EU Commission opens an in-depth investigation in a Lithuanian electricity strategic reserve measure (AB Lietuvos Energija)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Lithuanian electricity strategic reserve measure* The European Commission has opened an in-depth investigation to assess whether Lithuanian support to energy company AB Lietuvos Energija in the context of a strategic reserve measure may (...)

The EU Commission provisionally approves under State aid rules the support granted by Slovakia to an electric utility company (Slovenské Elektrárne)
DG COMP (Brussels)
State aid: Commission approves provisional measure ensuring security of local electricity supply in Slovakia* The European Commission has approved under EU State aid rules the compensation granted by Slovakia to electric utility company Slovenské Elektrárne a.s. for temporarily supplying a (...)

The EU Commission approves under State aid rules a €385 million support for the production of electricity from renewable sources in Lithuania
DG COMP (Brussels)
State aid: Commission approves €385 million support for production of electricity from renewable sources in Lithuania* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable energy sources in Lithuania. The measure, open to all (...)

The EU Court of Justice holds that funds generated by the EGG surcharges do not constitute State resources (EEG surcharge)
White & Case (Brussels)
,
White & Case (Brussels)
,
White & Case (London)
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. In (...)

The EU Commission approves under State aid rules support for four floating demonstration offshore wind farms in France
DG COMP (Brussels)
State aid: Commission approves support for four floating demonstration offshore wind farms in France* The European Commission has found four French projects promoting electricity generation from renewable wind energy sources to be in line with EU State aid rules. The measures will further (...)

The EU Commission launches two public consultations on the revision of the Emissions Trading Scheme State aid Guidelines
Van Bael & Bellis (Brussels)
On 13 February 2019, the European Commission launched two public consultations on the revision of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012, as amended. The Guidelines date from 2012 and will expire on 31 (...)

The EU Commission approves a Polish investment aid to an electric vehicles batteries plant (LG Chem)
DG COMP (Brussels)
State aid: Commission approves €36 million Polish investment aid to LG Chem’s electric vehicles batteries plant* The European Commission has found Poland’s €36 million investment aid to chemical company LG Chem for a new electric vehicle batteries plant in the Dolnoślaskie region to be in line with (...)

The EU Commission plans to extend for two years the seven sets of State aid rules expiring in 2020 and launches an evaluation of those rules
DG COMP (Brussels)
State aid: Commission to prolong EU State aid rules and launch evaluation* The European Commission plans to prolong for two years seven sets of State aid rules, otherwise expiring in 2020. The Commission has also launched today an evaluation of those rules and of other State aid rules to (...)

The EU Commission approves under State aid rules a measure to support innovative solar power installations in France
DG COMP (Brussels)
State aid: Commission approves €600 million in public support for innovative solar power installations in France* The European Commission has approved under EU State aid rules a measure to support innovative installations for electricity production from solar energy. The measure will further (...)

The EU Commission finds that an energy producer received approximately €60 million of incompatible State aid from Romania (CE Hunedoara)
DG COMP (Brussels)
State aid: Romania needs to recover around €60 million of incompatible aid from energy producer CE Hunedoara* The European Commission has found that energy producer Complexul Energetic Hunedoara (CE Hunedoara) received around €60 million of incompatible State aid from Romania through four (...)

The EU Commission approves under EU State aid rules a Bulgarian and Greek plan for the construction of a natural gas interconnector
DG COMP (Brussels)
State aid: Commission approves public support for natural gas interconnector between Greece and Bulgaria* The European Commission has found Bulgarian and Greek plans to support the construction and operation of a natural gas interconnector to be in line with EU State aid rules. The project (...)

The EU Commission approves a €3.5 billion Belgian aid to three offshore windfarms under State aid rules (Mermaid / Seastar / Northwester2)
DG COMP (Brussels)
State aid: Commission approves €3.5 billion support to three offshore windfarms in Belgium* The European Commission has found Belgian plans to support three offshore windfarm projects to be in line with EU State aid rules. The measure will further EU energy and climate goals without unduly (...)

The EU Court of Justice holds that unlimited State guarantees create a presumption of the existence of an advantage (IFP Energies nouvelles)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves French aid granted to a tidal energy demonstration plant (Raz Blanchard)
French Competition Authority (Paris)
State aid: Commission approves French support for tidal energy demonstration plant Raz Blanchard* The European Commission has found a French project promoting electricity generation from tidal energy to be in line with EU State aid rules. The measure will contribute further the EU’s energy and (...)

The EU General Court confirms the authorization of a State aid for a new nuclear power plant in UK (Hinkley Point C)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission finds reductions of nuclear levy for electro-intensive users in Slovakia to be in line with EU State aid rules
DG COMP (Brussels)
State aid: Commission approves reductions of nuclear levy for electro-intensive users in Slovakia* The European Commission has found Slovakia’s plan to grant reductions on a nuclear levy to certain electro-intensive users to be in line with EU State aid rules. The measure will contribute to the (...)

The EU Commission asks Luxembourg to recover around €120 million which correspond to illegal tax benefits granted to an energy provider (Engie)
DG COMP (Brussels)
State aid: Commission finds Luxembourg gave illegal tax benefits to Engie; has to recover around €120 million* The European Commission has found that Luxembourg allowed two Engie group companies to avoid paying taxes on almost all their profits for about a decade. This is illegal under EU State (...)

The EU General Court affirms a Commission decision that France did not act as a private investor, and that Member States claiming private investor status have to prove it on the basis of objective and verifiable evidence (EDF)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice finds that a Polish purchase obligation measure in the electricity sector does not involve state resources (ENEA)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules that Polish renewable energy support scheme does not involve state resources (ENEA)
Van Bael & Bellis (Brussels)
On 13 September 2017, the Court of Justice of the European Union ( “ECJ”) issued its judgment on a request for a preliminary ruling from the Polish Supreme Court regarding the qualification of a national renewable energy support scheme as state aid (Case C-329/15, ENEA S.A. v Prezes Urzędu (...)

The EU Court of Justice finds that the transfer of public assets between state owned companies for the purpose of extinguishing a debt may constitute State aid (Fondul Proprietatea / Complexul Energetic Oltenia)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Romanian Government opens new approved State aid schemes for renewable energy projects
Maravela, Popescu & Asociatii (Bucharest)
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Maravela, Popescu & Asociatii (Bucharest)
1. Introduction As of April 14, 2017, companies can apply for State aid for investments in highly efficient cogeneration and investments in the promotion of energy production derived from less exploited renewable energy sources (biomass, biogas and geothermal energy). Both schemes are awarded (...)

The EU Court of Justice rules on the compatibility with State aid rules of Ministerial Orders setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy (Enedis / Axa)
White & Case (Paris)
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Stephenson Harwood (Paris)
The European Court of Justice rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in tariffs of electricity produced by power plants using solar radiative energy. By an order dated 15 March 2017, the (...)

The EU Court of Justice rules on whether and when existing aids become new aid (DEI / Alouminion tis Ellados)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules that the extension of existing State aid must be considered as the alteration of that aid and is therefore subject to the obligation of prior notification as new aid (DEI / Alouminion tis Ellados)
Liege Competition and Innovation Institute
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Latham & Watkins (Brussels)
The CJEU’s Judgment provides additional clarification on the effects of the extension of the duration of an existing aid measure. The CJEU - annulling a Judgment of the EU General Court (GC) - rules that the extension of the duration of existing aid measure by a national court must be qualified (...)

The EU Commission opens an in-depth investigation concerning undue tax benefits potentially granted by Luxembourg to an energy provider (Engie)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Luxembourg’s tax treatment of GDF Suez (now Engie)* The European Commission has opened an in-depth investigation into Luxembourg’s tax treatment of the GDF Suez group (now Engie). The Commission has concerns that several tax rulings issued (...)

The EU General Court holds that the benefits of a state guarantee can only be assumed in the case of borrowing, and that in other types of transaction the Commission must prove their existence (IFP Énergies nouvelles)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court hands down a judgment in a case regarding a German law on renewable energy and clarifies the notion of State resources (Erneuerbare-Energien-Gesetz)
Van Bael & Bellis (Brussels)
On 10 May 2016, the General Court of the European Union (“Court”) handed down a judgment in a case concerning the German law on renewable energy of 2012 (the Erneuerbare-Energien-Gesetz 2012 - “EEG 2012”) (case T-47/15, Germany vs. Commission). The EEG 2012, which was replaced by a new law in (...)

The EU General Court upholds the Commission’s finding that German measures to support green electricity are incompatible with State aid rules (Germany / Commission)
College of Europe (Bruges)
Support for Green Electricity: State Resources and “PreussenElektra”* Arrangements established by law whereby undertakings are compensated for any extra payments they make to producers of green electricity are likely to bring those payments under the control of the state. Those payments will (...)

The EU General Court confirms that State aid is an objective concept, and that in assessing aid measures the Commission is not bound by tax exemptions authorised by the Council (Ireland / Commission)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission clears a State aid relating to transport of natural gas from Azerbaijan to Italy through the Trans-Adriatic Pipeline (TAP)
Prentoulis Gerakini Law Partnership (Athens)
By virtue of decision No.43879 (3rd March 2016), the European Commission granted state aid clearance for the Host Government Agreement between Greece and the Trans Adriatic Pipeline (TAP) relating to the transport of natural gas from Azerbaijan to Italy, through Greece and Albania. In (...)

The EU Court of Justice explains that measures that impose additional charges for the purpose of maintaining equality between operators do not necessarily qualify as State aid (Kernkraftwerke Lippe-Ems / Hauptzollamt Osnabrück)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission holds that an incompatible aid can be recovered from an undertaking that continues some of the activities of an insolvent undertaking that received the aid (Termoelectrica / Electrocentrale Deva)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice Advocate General Szpunar states that taxing only fissionable nuclear materials used for the production of electricity does not constitute State aid (Kernkraftwerke Lippe-Ems / Hauptzollamt Osnabrück)
University of Bristol - Law School
AG Szpunar submits that German nuclear taxes are not State aid, but his reasoning is totally unimaginative (C-5/14)* In its Opinion in Kernkraftwerke Lippe-Ems, C-5/14, EU:C:2015:51 (not available in English), AG Spuznar has submitted to the CJEU that a German tax on fissionable nuclear (...)

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