Energy & State aid

State Aid

The EU Court of Justice clarifies that State aid cannot be established as a result of a judicial decision (DOBELES HES / GM)
European Court of Justice (Luxembourg)
The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That (...)

The EU Commission approves a Danish scheme worth €1.1B to support the roll-out of carbon capture and storage technologies
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.1 billion Danish scheme to support roll-out of carbon capture and storage technologies* The European Commission has approved, under EU State aid rules, a €1.1 billion Danish scheme to support the roll-out of carbon capture and storage (‘CCS’) technologies. The (...)

The EU Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia’s war against Ukraine* The European Commission has approved a €3 billion Polish scheme to support companies active in the Polish gas market in the context of (...)

The EU Commission approves €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine* The European Commission has approved a €49 billion German scheme to support the economy in the context of Russia’s war against Ukraine. The scheme was approved under the (...)

The EU Commission approves amendments to German scheme to support offshore wind energy generation
European Commission - DG COMP (Brussels)
State aid: Commission approves amendments to German scheme to support offshore wind energy generation* The European Commission has approved, under EU State aid rules, amendments to a German scheme to support offshore wind energy generation in Germany (German Offshore Wind Energy Act - (...)

The EU Commission approves €1.1 billion Polish scheme to support particularly affected energy intensive companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.1 billion Polish scheme to support particularly affected energy intensive companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.1 billion (PLN 5.1 billion) Polish scheme to support particularly affected energy (...)

The EU Commission approves €6.3 billion German measure to recapitalise an energy company in the context of Russia’s war against Ukraine (SEFE)
European Commission - DG COMP (Brussels)
State aid: Commission approves €6.3 billion German measure to recapitalise energy company SEFE GmbH in context of Russia’s war against Ukraine* The European Commission has approved a €6.3 billion German measure to recapitalise energy company SEFE Securing Energy for Europe GmbH (‘SEFE GmbH’), (...)

The EU Commission approves up to €34.5 billion German measure to recapitalise an energy company in the context of Russia’s war against Ukraine (Uniper)
European Commission - DG COMP (Brussels)
State aid: Commission approves up to €34.5 billion German measure to recapitalise energy company Uniper SE in context of Russia’s war against Ukraine* The European Commission has approved an up to €34.5 billion German aid measure to recapitalise energy company Uniper SE (‘Uniper’). The measure (...)

The EFTA Surveillance Authority finds no State aid in 2020 amendments to Norwegian Petroleum Tax Act
EFTA Surveillance Authority (Brussels)
ESA finds no State aid in 2020 amendments to Norwegian Petroleum Tax Act* The EFTA Surveillance Authority (ESA) has today closed two complaints concerning temporary amendments to the Norwegian Petroleum Tax Act (PTA). ESA finds that the June 2020 amendments to the PTA do not entail State aid. (...)

The EU Commission opens an in-depth investigation into a Lithuanian measure to compensate a gas producer for the operation of liquefied natural gas terminal (Litgas)
European Commission - DG COMP (Brussels)
State aid: Commission opens in-depth investigation into Lithuanian measure to compensate Litgas for operation of LNG terminal* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Lithuania to Litgas UAB (‘Litgas’) for supplying a mandatory (...)

The EU Commission approves a French scheme worth €13.5B to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €13.5 billion French scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a French scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU General Court dismisses an Austrian action contesting a Hungarian investment aid approved by the Commission to build new nuclear reactors (MVM Paks II Nuclear Power Plant Development)
European Commission - DG COMP (Brussels)
Construction of new nuclear reactors: the General Court dismisses the action brought by Austria to contest Hungarian investment aid approved by the Commission* By decision of 6 March 2017 (‘the contested decision’), the European Commission approved investment aid, notified by Hungary, for the (...)

The EU Commission approves a Danish scheme worth €1.34B to support energy-intensive companies in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.34 billion Danish scheme to support energy intensive companies in the context of Russia’s war against Ukraine* The European Commission has approved a €1.34 billion (DKK 10 billion) Danish scheme to support energy intensive companies in the context of Russia’s war (...)

The EU Commission approves a Belgian scheme worth €1.5B to support energy suppliers in the context of Russia’s war against Ukraine
European Commission - DG COMP (Brussels)
The European Commission has approved a €1.5 billion Belgian guarantee scheme to support gas and electricity suppliers in the context of Russia’s war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on (...)

The EU Commission approves a Polish scheme worth €10B to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €10 billion Polish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Polish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a Finnish strategic reserve worth €150M to support the security of the electricity supply
European Commission - DG COMP (Brussels)
State aid: Commission approves €150 million Finnish strategic reserve to support security of electricity supply* The European Commission has approved, under EU State aid rules, a €150 million Finnish capacity mechanism to safeguard security of electricity supply in Finland. The measure will also (...)

The EU Commission approves a Romanian scheme worth €390M under the Recovery and Resilience Facility to support high-efficient cogeneration of electricity and heat
European Commission - DG COMP (Brussels)
State aid: Commission approves €390 million Romanian scheme under Recovery and Resilience Facility to support high-efficient cogeneration of electricity and heat* The European Commission has approved, under EU State aid rules, a €390 million Romania scheme, made available in part through the (...)

The EU Commission approves additional German measures to support electricity production from renewable energy sources
European Commission - DG COMP (Brussels)
State aid: Commission approves additional German measures to support electricity production from renewable energy sources* The European Commission has approved, under EU State aid rules, three additional measures to support electricity production from renewable energy sources in Germany. The (...)

The EFTA Surveillance Authority approves aid for Norwegian projects participating in a European hydrogen value-chain initiative
EFTA Surveillance Authority (Brussels)
ESA approves aid for Norwegian projects participating in a European hydrogen value-chain initiative* The EFTA Surveillance Authority (ESA) has today approved aid for two Norwegian projects – Barents Blue and Tizir – participating in a hydrogen value-chain initiative, also known as Hy2Use. The (...)

The EU Commission approves up to €5.2 billion of public support by thirteen Member States for the second Important Project of Common European Interest in the hydrogen value chain
European Commission - DG COMP (Brussels)
State Aid: Commission approves up to €5.2 billion of public support by thirteen Member States for the second Important Project of Common European Interest in the hydrogen value chain* The Commission has approved, under EU State aid rules, a second Important Project of Common European Interest (...)

The EU Commission approves a Romanian scheme worth €1.5B to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.5 billion Romanian scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Romanian scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EFTA Surveillance Authority approves a Norwegian aid scheme for the compensation of indirect emission costs
EFTA Surveillance Authority (Brussels)
ESA approves new Norwegian CO2 compensation scheme* The EFTA Surveillance Authority (ESA) has today approved a new Norwegian aid scheme for the compensation of indirect emission costs. The scheme partially compensates certain energy-intensive companies, such as basic iron and steel (...)

The EU Commission approves a Finnish scheme worth €687M to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €687 million Finnish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Finnish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €835M Dutch scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €835 million Dutch scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Dutch scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves €27.5B German scheme to compensate energy-intensive companies for indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €27.5 billion German scheme to compensate energy-intensive companies for indirect emission costs The European Commission has approved, under EU State aid rules, a German scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a Romanian scheme worth €149M under the Recovery and Resilience Facility to support renewable hydrogen production
European Commission - DG COMP (Brussels)
State aid: Commission approves €149 million Romanian scheme under Recovery and Resilience Facility to support renewable hydrogen production* The European Commission has approved, under EU State aid rules, a €149 million Romanian scheme made available through the Recovery and Resilience Facility (...)

The EU Commission approves a German scheme worth €2.98B to promote green district heating
European Commission - DG COMP (Brussels)
State aid: Commission approves €2.98 billion German scheme to promote green district heating* The European Commission has approved, under EU State aid rules, a €2.98 billion German scheme to promote green district heating based on renewable energy and waste heat. The measure will contribute to (...)

The EU Commission approves a German scheme worth €5B to support energy and trade-intensive companies in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €5 billion German scheme to support energy and trade intensive companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €5 billion German scheme to support energy and trade intensive companies across industrial sectors in the (...)

The EU Commission approves a Dutch scheme to support the filling of the gas storage facility in the context of Russia’s invasion of Ukraine (Bergermeer)
European Commission - DG COMP (Brussels)
State aid: Commission approves Dutch scheme to support the filling of the gas storage facility Bergermeer in context of Russia’s invasion of Ukraine* The European Commission has approved an up to €406.4 million Dutch scheme to support the filling of the gas storage facility Bergermeer in the (...)

The EU Commission approves an Italian scheme worth €1.2B under the Recovery and Resilience Facility to support investments in photovoltaic panels in the agricultural sector
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.2 billion Italian scheme under Recovery and Resilience Facility to support investments in photovoltaic panels in agricultural sector* The European Commission has approved, under EU State aid rules, a €1.2 billion Italian scheme made available through the (...)

The EU Commission approves a French scheme worth €5B to support energy-intensive companies in the context of Russia’s invasion of Ukraine
European Commission - DG COMP (Brussels)
State aid: Commission approves €5 billion French scheme to support energy intensive companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €5 billion French scheme to support energy intensive companies across sectors in the context of Russia’s invasion of (...)

The EU Commission opens an in-depth investigation into Czech support for a new nuclear power plant (Elektrárna Dukovany II)
European Commission - DG COMP (Brussels)
State Aid: Commission opens in-depth investigation into Czech support for new nuclear power plant in Dukovany* The European Commission has opened an in-depth investigation to assess whether public support that Czechia plans to grant for the construction of a new nuclear power plant in Dukovany (...)

The EU Commission green-lights a €160M Portuguese scheme to alleviate the damage done to gas-intensive industries amid rising gas prices due to the Russo-Ukrainian War
European Commission - DG COMP (Brussels)
State aid: Commission approves €160 million Portuguese scheme to support gas intensive companies in context of Russia’s invasion of Ukraine* The European Commission has approved a €160 million Portuguese scheme to support gas intensive companies in the context of Russia’s invasion of Ukraine. The (...)

The EU Commission decides that a Member State’s gas storage policy does not constitute illegal State aid just before announcing the Temporary Crisis Framework which includes gas storage
Maastricht University
Introduction On 23 March 2022, the European Commission announced plans to mitigate the spike in energy prices caused by the war in Ukraine. Chief among those plans were proposals for joint gas purchases and gas storage. Increase in storage capacity has been a strategy followed by several (...)

The EU Commission approves a €2.9 billion Spanish scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €2.9 billion Spanish scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Spanish scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EU Commission approves a €1.4B Czech scheme to partially compensate energy-intensive companies for higher electricity prices as a result of indirect emission costs
European Commission - DG COMP (Brussels)
State aid: Commission approves €1.4 billion Czech scheme to compensate energy-intensive companies for indirect emission costs* The European Commission has approved, under EU State aid rules, a Czech scheme to partially compensate energy-intensive companies for higher electricity prices (...)

The EFTA Surveillance Authority adopts revised climate, energy and environmental guidelines
EFTA Surveillance Authority (Brussels)
State aid: ESA adopts revised climate, energy and environmental guidelines* The EFTA Surveillance Authority (ESA) has today adopted revised Guidelines on state aid for Climate, Environmental Protection and Energy (CEEAG). ESA will apply these when assessing state aid granted by Iceland, (...)

The EU Commission approves a restructuring aid of up to around €2.7 billion for a Romanian power company (Complexul Energetic Oltenia SA)
European Commission - DG COMP (Brussels)
State aid: Commission approves restructuring aid of up to around €2.7 billion for Romanian power company Complexul Energetic Oltenia SA* The European Commission has approved, under EU State aid rules, Romania’s plans to grant power company Complexul Energetic Oltenia SA (‘CE Oltenia’) (...)

The EU Commission approves €24M of Hungarian investment aid to a manufacturing company’s extension of its battery copper foil plant (Volta Energy Solutions)
European Commission - DG COMP (Brussels)
State aid: Commission approves €24 million Hungarian investment aid to Volta Energy Solutions’ battery copper foil plant* The European Commission has found Hungary’s €24 million investment aid to Volta Energy Solutions for the extension of a battery copper foil plant in the Hungarian region of (...)

The EU Commission adopts guidelines on State aid for climate, environmental protection and energy "CEEAG"
Jones Day (Brussels)
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Jones Day (Paris)
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Jones Day (Brussels)
In Short The Development: The European Commission ("Commission") adopted new Guidelines on State Aid for Climate, Environmental Protection and Energy ("CEEAG") on 27 January 2022. The CEEAG revise criteria that the Commission will now apply to determine whether EU Member State financing to (...)

The EU Commission endorses the new Guidelines on State aid for Climate, Environmental Protection and Energy which align with the important EU objectives and targets set out in the European Green Deal
European Commission - DG COMP (Brussels)
State aid: Commission endorses the new Guidelines on State aid for Climate, Environmental protection and Energy* The College of Commissioners today endorsed the new Guidelines on State aid for climate, environmental protection and energy (‘CEEAG’). The CEEAG will be formally adopted in January (...)

The EU Commission approves an Austrian scheme to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
State aid: Commission approves Austrian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, an Austrian aid scheme to support electricity production from renewable sources. The measure will help Austria (...)

The EU Commission approves a Croatian scheme worth €783M to support the production of electricity from renewable energy sources
European Commission - DG COMP (Brussels)
State aid: Commission approves €783 million Croatian scheme to support production of electricity from renewable energy sources* The European Commission has approved, under EU State aid rules, a Croatian aid scheme to support electricity production from renewable sources. The measure will help (...)

The EU Commission approves a €3B scheme under the Spanish "Recovery and Resilience Plan" to support research, development, innovation, environmental protection and energy efficiency in the automotive value chain
European Commission - DG COMP (Brussels)
State aid: Commission approves €3 billion scheme under the Spanish Recovery and Resilience Plan to support research, development, innovation, environmental protection and energy efficiency in automotive value chain* The European Commission has approved, under EU State aid rules, a €3 billion (...)

The EFTA Surveillance Authority approves Norwegian aid for zero-emission hydrogen vessels (Topeka)
EFTA Surveillance Authority (Brussels)
ESA greenlights Norwegian aid for zero-emission hydrogen vessels Illustration / Topeka* The EFTA Surveillance Authority (ESA) has today approved NOK 219 million (EUR 21.73m) in Norwegian state aid for the purchase of two zero-emission hydrogen vessels being developed under the Topeka Nattruten (...)

The EU Commission approves a €2.27B Greek aid scheme to support electricity production from renewable energy sources and high-efficiency combined heat and power
European Commission - DG COMP (Brussels)
State aid: Commission approves €2.27 billion Greek aid scheme to support electricity production from renewable energy sources and high efficiency combined heat and power* The European Commission has approved, under EU State aid rules, a €2.27 billion Greek scheme for the production of (...)

The EU Commission approves investment aid for an energy infrastructure project in northern Greece that amounts to €364M (LNG terminal in Alexandroupolis)
Maastricht University
Public Funding of an Energy Infrastructure Project* State aid up to 100% of the funding gap of a project can be compatible with the internal market. Introduction The European Commission approved investment aid for a Liquefied Natural Gas [LNG] terminal in Alexandroupolis in northern Greece (...)

The EU Commission approves a €173M aid scheme for charging and refuelling stations for zero and low-emission vehicles in Poland
European Commission - DG COMP (Brussels)
State aid: Commission approves €173 million aid scheme for charging and refuelling stations for zero and low emission vehicles in Poland* The European Commission has found Polish plans to invest into electric charging and hydrogen-refuelling infrastructure for zero and low emission vehicles to (...)

The EU Court of Justice upholds the judgment of the General Court that Czech measures for the support of renewable sources of energy constitute State aid (FVE Holýšov)
Maastricht University
Legitimate Expectations and the “Right” to State Aid* Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the production of electricity from renewable sources of energy [RES]. (...)

The EU Commission approves a Belgian capacity mechanism in the electricity market under EU State aid rules
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 27 August 2021, the European Commission (the Commission) approved under EU State aid rules Belgium’s capacity mechanism (CM), which aims to ensure the security of electricity supply following Belgium’s decision to phase out all nuclear capacity by 2025. The approval follows the opening of an (...)

The EU Commission approves a €5.7B French scheme to support the production of electricity from small solar installations on buildings
European Commission - DG COMP (Brussels)
State aid: Commission approves €5.7 billion French scheme to support production of electricity from small solar installations on buildings* The European Commission has approved, under EU State aid rules, a €5.7 billion French aid scheme to support renewable electricity production from small (...)

The EU Commission approves a Belgian capacity mechanism that will contribute to ensuring the security of the electricity supply
European Commission - DG COMP (Brussels)
State aid: Commission approves Belgian Capacity Mechanism* The European Commission has approved, under EU State aid rules, Belgium’s capacity mechanism. The measure will contribute to ensuring the security of electricity supply, in particular in view of Belgium’s decision to phase out all (...)

The EU Commission opens an in-depth investigation into an arbitration award in favour of a private equity firm to be paid by Spain (Antin)
European Commission - DG COMP (Brussels)
State aid: Commission opens in-depth investigation into arbitration award in favour of Antin to be paid by Spain* The European Commission has opened an in-depth investigation in order to assess whether an arbitration award, to be paid by Spain in favour of Antin as compensation for the (...)

The EU Commission launches an in-depth investigation to assess whether the payment of an ICSID arbitral award in favour of Luxembourg and Dutch investors complies with EU rules on State aid (Antin)
Shearman & Sterling (London)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
Key Takeaways International investment protection is based on treaty obligations between sovereign states. State parties to those treaties enter into international obligations with one another for the protection of foreign investors and their investments—including the obligation to submit to (...)

The EU Commission approves the Austrian network reserve for ensuring the security of the electricity supply
European Commission - DG COMP (Brussels)
State aid: Commission approves Austrian network reserve for ensuring security of electricity supply* The European Commission has approved, under EU State aid rules, Austrian plans to establish a network reserve for the Austrian electricity market. The temporary measure will be in force until (...)

The EU Commission authorises the regulatory mechanism for the storage of natural gas in France
European Commission - DG COMP (Brussels)
State aid: the Commission authorises the regulatory mechanism for the storage of natural gas in France* The European Commission has concluded that the regulatory mechanism for the storage of natural gas implemented by France since 2017 complies with EU rules on State aid. The measure will (...)

The EU Commission approves a Greek public support scheme worth €166.7M for the construction of a LNG terminal in Alexandroupolis
European Commission - DG COMP (Brussels)
State aid: Commission approves €166.7 million Greek public support for construction of LNG terminal in Alexandroupolis* The European Commission has approved, under EU State aid rules, a €166.7 million Greek support measure for the construction of a new liquid natural gas (“LNG”) terminal in (...)

The EU Commission invites interested parties to provide comments on a proposed draft for climate, energy, and environmental State aid guidelines
European Commission - DG COMP (Brussels)
State aid: Commission invites interested parties to provide comments on proposed draft Climate, Energy and Environmental State aid Guidelines* The European Commission has launched today a targeted public consultation inviting all interested parties to comment on the proposed revision of the (...)

The EU Commission publishes its draft on the climate, energy and environmental aid guidelines
European Commission - DG COMP (Brussels)
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Oxera (Brussels)
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Oxera (London)
On 7 June, the European Commission published its draft climate, energy and environmental aid guidelines (CEEAG). More comprehensive than the previous version, these guidelines cover new technologies (such as hydrogen) and state aid for the phasing out of coal. We explore the role of economic (...)

The EU General Court upholds the Commission’s decision which declared that numerous beneficial tax rulings constituted illegal State aid in favour of an energy company (Engie)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 12 May 2021 the GCEU confirmed the EC’s decision of 20 June 2018 that the tax rulings which allowed the Engie group to partially escape tax in Luxembourg constituted illegal State aid within the meaning of Article 107 (1) TFEU. Background As from September 2008, the Luxembourg tax (...)

The EU Commission approves a Danish aid scheme worth €400M to support the production of electricity from renewable energy sources
European Commission - 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 judgment highlighting that essential national interests may justify deviation from the normal public procurement procedure (Achemos & Achema)
Maastricht University
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 the prolongation and modification of a German scheme to support electricity production from renewable energy sources
European Commission - 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)
Hogan Lovells (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
European Commission - 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
European Commission - 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 €254M in Romanian aid designed to support the upgrade of the district heating system in Bucharest
European Commission - 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 an in-depth investigation into Romanian support measures in favour of national lignite-based electricity producer (CE Oltenia)
European Commission - 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 an amended Estonian scheme worth €450M to support the production of electricity from renewable sources
European Commission - 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 (ETYFA)
Maastricht University
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 the early closure of hard coal-fired power plants in Germany
European Commission - 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 a Romanian scheme worth €150M to support investments in district heating systems based on renewable energy sources
European Commission - 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 the advantage granted by State guarantees (IFPEN)
Hogan Lovells (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 confirms the Commission’s approval of State aid for a nuclear energy plant (Hinkley Point C)
German Ministry of Finance (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’s 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 clarifies the scope of 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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Hogan Lovells (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 that the nuclear energy sector is subject to State aid rules (Hinkley Point C)
Latham & Watkins (Brussels)
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Latham & Watkins (Brussels)
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 investigation to assess whether a Belgian capacity mechanism to safeguard the security of electricity supply is in line with EU State aid rules
European Commission - 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 an in-depth State aid investigation into a Belgian capacity mechanism
Van Bael & Bellis (Brussels)
,
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 into public support for expansion of a chemical company’s electric vehicles battery plant in Poland (LG Chem)
European Commission - 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 the 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 EU Commission approves a scheme to support electricity production from renewable sources in Ireland
European Commission - DG COMP (Brussels)
State aid: Commission approves support for production of electricity from renewable sources in Ireland* The European Commission has approved, under EU State aid rules, a scheme to support electricity production from renewable sources in Ireland. The measure will contribute to the EU (...)

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)
,
University of Tilburg
,
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
European Commission - 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)
Maastricht University
Environmental Remediation and State Liability* Introduction On 16 January 2020 the General Court delivered its judgment in case T‑257/18, Iberpotash v European Commission. Iberpotash, a Spanish company, appealed against Commission decision 2018/118. Iberpotash owns and operates potash mines (...)

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)
Maastricht University
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)
Allen & Overy (Brussels)
,
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)
,
University of Tilburg
,
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)
Maastricht University
CAN A TAX (RATHER THAN A TAX EXEMPTION) CONFER A SELECTIVE ADVANTAGE?* Introduction A tax exemption normally confers a selective advantage, unless it is justified by the logic of the tax. Counterintuitively, a tax itself can be selectively advantageous if its scope is too narrow. As 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)
European Commission - 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 French support for six offshore wind farms under State aid rules
European Commission - DG COMP (Brussels)
State aid: Commission approves support for six offshore wind farms in France* The European Commission has found support to six large offshore wind farms in French territorial waters to be in line with EU State aid rules. The measures will help France reduce CO2 emissions, in line with EU (...)

The EU Commission approves under State aid rules a €5.4 billion support scheme for the production of electricity from renewable sources in Italy
European Commission - 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 into a Lithuanian electricity strategic reserve measure (AB Lietuvos Energija)
European Commission - 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)
European Commission - 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 scheme for the production of electricity from renewable sources in Lithuania
European Commission - 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 (...)

Energy & State aid: An overview of EU and national case law
Côte d’Azur University, GREDEG (Nice)
,
Côte d’Azur University, GREDEG (Nice)
In this foreword, we report the most recent relevant cases of state aid control since the European Commission’s Guidelines on State Aid for Environmental Protection and Energy (the Guidelines) were published in 2014. We discuss an important series of decisions related to compatible financing of (...)

The EU Court of Justice holds that funds generated by the EEG surcharges do not constitute State resources (EEG surcharge)
Deloitte (Brussels)
,
CELIS Institute (Berlin)
,
Hausfeld (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 4 floating demonstration offshore wind farms in France
European Commission - 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)
European Commission - 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 launches an evaluation of several sets of State aid rules that expire in 2020 and plans to extend them for two more years
European Commission - 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 (...)

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