State aid notion: The General Court of the European Union confirms the European Commission’s decision that the exemption from network charges, which benefited large German electricity consumers in 2012 and 2013, constituted illegal state aid and was incompatible with the internal market (Covestro Deutschland / AZ / Infineon Technologies Dresden / Wepa Hygieneprodukt)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The German Energy Supply Act of 2011 organizes the system of network charges in Germany. Background In particular, it provides for the payment of a network fee by electricity consumers to network operators, the amount of which is determined by distinguishing between a general method and a method for atypical users. The latter includes two categories of users, namely, on the one hand, those who systematically consume electricity during off-peak hours, and, on the other hand, those whose annual electricity consumption represents at least 7,000 hours and more than 10 gigawatts/hour [hereinafter the "continuous load consumers"]. Until 2011, these two types of

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, State aid notion: The General Court of the European Union confirms the European Commission’s decision that the exemption from network charges, which benefited large German electricity consumers in 2012 and 2013, constituted illegal state aid and was incompatible with the internal market (Covestro Deutschland / AZ / Infineon Technologies Dresden / Wepa Hygieneprodukt), 6 October 2021, Concurrences N° 1-2022, Art. N° 105695, pp. 148-150

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