ALERTS: STATE AID - GERMANY - ENERGY - ADVANTAGES - INCOMPATIBLE AID - STATE RESOURCES - TAXES

State ressources: The Court of Justice of the European Union annuls both the judgment of the General Court and the Commission’s decision, holding that neither of them has established that the advantages provided for by the 2012 German renewable energy production support mechanism involve State resources (Federal Republic of Germany / Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 28 March 2019, the Court of Justice of the European Union delivered a judgment in Case C-405/16 (Federal Republic of Germany v. European Commission). concerning once again the mechanism set up by German law to support the production of renewable energies, especially wind and solar energy. It will be remembered that the mechanism introduced in 1990 by the previous German law had been the subject of a preliminary question. In its PreussenElektra judgment of 13 March 2001the Court of Justice had ruled out the existence of State aid, considering that "legislation of a Member State which, on the one hand, obliges private electricity supply undertakings to

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  • L’actu-concurrence (Paris)

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Alain Ronzano, State ressources: The Court of Justice of the European Union annuls both the judgment of the General Court and the Commission’s decision, holding that neither of them has established that the advantages provided for by the 2012 German renewable energy production support mechanism involve State resources (Federal Republic of Germany / Commission), 28 March 2019, Concurrences N° 2-2019, Art. N° 90193, www.concurrences.com

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