The EU Court of Justice finds that a Polish purchase obligation measure in the electricity sector does not involve state resources (ENEA)

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 relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

State Resources and Imputability* When the state acts in its capacity as legislator it is not presumed to direct the resources of undertakings it owns and over which it can exercise dominant influence as a shareholder. Introduction On 13 September 2017, the Court of Justice replied to a request from a national court to advise it on the concept of state resources [case C‑329/15, ENEA v Prezes Urzędu Regulacji Energetyki]. The national court was adjudicating a dispute between ENEA, a Polish state-owned energy company, and the Polish energy regulator Urzędu Regulacji Energetyki [URE]. URE had imposed a fine on ENEA for failing to purchase electricity produced by cogeneration [i.e. electricity that was produced together with heat]. Under Polish law, electricity distributors or traders

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Phedon Nicolaides, The EU Court of Justice finds that a Polish purchase obligation measure in the electricity sector does not involve state resources (ENEA), 13 September 2017, e-Competitions Bulletin Energy & State aid, Art. N° 89863

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