CASE COMMENTS: STATE AIDS – EUROPEAN UNION – ENERGY CAPACITY – COMPATIBILITY – NO-DISCRIMINATION – PROPORTIONALITY

Proportionality: The General Court of the European Union annuls a decision not to raise any objection against a State aid scheme granted to the energy capacity market (Tempus Energy, Tempus Energy Technology)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Tempus judgment is one of a series of recent cases in which the Court of First Instance has annulled first-phase decisions. In that case, the Court of First Instance appears to have sought to modify the prevailing analytical framework with regard to external indications of the existence of serious difficulties justifying the initiation of the procedure. The United Kingdom has set up an aid scheme through centralised auctions for the provision of capacity required to ensure that energy capacity is adequate to meet energy needs. In practice, a remuneration is granted to suppliers of electricity capacity in return for their commitment to supply

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Proportionality: The General Court of the European Union annuls a decision not to raise any objection against a State aid scheme granted to the energy capacity market (Tempus Energy, Tempus Energy Technology), 15 November 2018, Concurrences N° 1-2019, Art. N° 89299, pp. 137-140

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