Margin of appreciation: The General Court of the European Union confirms a decision of the European Commission not to raise objections to an aid scheme for the energy capacity market, and recognizes a wide margin of appreciation for the Member State in defining this aid scheme (Tempus Energy Germany, T Energy Sweden AB)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Tempus judgment of October 6, 2021 concerns a first-phase decision of the Commission on aid to the capacity remuneration mechanism created by Poland. It should not be confused with the Tempus case, which had given rise to an annulment judgment on November 15, 2018 (Case T-793/14, Tempus Energy Ltd and Tempus Energy Technology Ltd v. Commission, Concurrences No. 1-2019), which was itself annulled on appeal (CJEU, September 2, 2021, Commission v. Tempus Energy Ltd and others, C-57/19 P, EU :C :2021 :663, Concurrences No. 4-2021). While these cases have similarities, one concerns the UK capacity market, while the present case concerns the Polish capacity

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Margin of appreciation: The General Court of the European Union confirms a decision of the European Commission not to raise objections to an aid scheme for the energy capacity market, and recognizes a wide margin of appreciation for the Member State in defining this aid scheme (Tempus Energy Germany, T Energy Sweden AB), 6 October 2021, Concurrences N° 1-2022, Art. N° 105698, pp. 150-152

Visites 56

All reviews