CASE COMMENTS: STATE AID – EUROPEAN UNION – ENERGY – UNLAWFUL AND INCOMPATIBLE AID

Incompatible aid: The Court of Justice of the European Union rejects as manifestly unfounded the appeal against the judgment of the General Court of the European Union in the recapitalization case of the French incumbent operator in the energy market (EDF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By order of 13 December 2018, the Court of Justice dismissed as manifestly unfounded the appeal against the judgment of the Court of First Instance in the EDF recapitalisation case, thus bringing to an end a judicial saga lasting almost 15 years. Litigation history It will be recalled that the case began in 2003 when the Commission decided that the operation to restructure EDF's balance sheet and increase its capital by the French State contained elements of State aid which were unlawful and incompatible with the internal market because of the waiver of a tax claim of more than EUR 888 million (hereinafter 'the 2003 decision', OJ 2005 L 4, p. 9). More

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • DG COMP (Brussels)

Quotation

Jacques Derenne, Marie Lagrue, Incompatible aid: The Court of Justice of the European Union rejects as manifestly unfounded the appeal against the judgment of the General Court of the European Union in the recapitalization case of the French incumbent operator in the energy market (EDF), 13 December 2018, Concurrences N° 2-2019, Art. N° 90435, pp. 115-116

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