ALERT: STATE AID - STATE RESOURCES - CONCEPT OF AN AID - SUPPLY OBLIGATION

Concept of an aid: Advocate General Saugmandsgaard Øe invites the Court of Justice of the European Union to rule that the obligation for Polish electricity companies to supply electricity produced by cogeneration with the production of heat cannot be qualified as State aid because the advantage it confers upon producers of that kind of electricity is not granted through State resources (ENEA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Advocate General Henrik Saugmandsgaard Øe delivered his Opinion on 22 March 2017. in Case C-329/15 (ENEA SA v Prezes Urzędu Regulacji Energetyki): reference for a preliminary ruling from the Sąd Najwyższy, Polish Supreme Court. That application was brought before the Court in proceedings between ENEA SA, a private-law company wholly owned by the Polish State which generates, markets and sells electricity to the national energy sector regulator, URE. In response to the imposition of a financial penalty on URE for breach of its obligation to supply electricity from cogeneration, ENEA argued that that supply obligation constituted State aid within the meaning of

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Concept of an aid: Advocate General Saugmandsgaard Øe invites the Court of Justice of the European Union to rule that the obligation for Polish electricity companies to supply electricity produced by cogeneration with the production of heat cannot be qualified as State aid because the advantage it confers upon producers of that kind of electricity is not granted through State resources (ENEA), 22 March 2017, Concurrences N° 2-2017, Art. N° 84066, www.concurrences.com

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