CASE COMMENTS: STATE AID – EUROPEAN UNION – RENEWABLE ENERGY – STATE RESOURCES

State resources: The Court of Justice of the European Union rules that funds financed through compulsory contributions imposed by the legislation of a Member State, managed and apportioned in accordance with the provisions of that legislation by a private entity are not to be regarded as State resources, and consequently annuls a judgment of the General Court of the European Union and a decision of the European Commission (EEG surcharge)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court's judgment of 28 March 2019 concerns a support system for renewable energy. It is of great interest with regard to the concept of State resources and favours a restrictive concept which does not seem to be free of a certain formalism. The judgment of the Tribunal which it sets aside (Trib. EU, 10 May 2016, Germany v. Commission, case T-47/15, see comment in Concurrences n° 3-2016) appeared to be part of a consolidated jurisprudential trend focusing on the reality of State control over the resources used in an intervention to determine whether or not they constituted State resources. It gave a strict interpretation of the PreussenElektra case-law

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, State resources: The Court of Justice of the European Union rules that funds financed through compulsory contributions imposed by the legislation of a Member State, managed and apportioned in accordance with the provisions of that legislation by a private entity are not to be regarded as State resources, and consequently annuls a judgment of the General Court of the European Union and a decision of the European Commission (EEG surcharge) , 28 March 2019, Concurrences N° 2-2019, Art. N° 90443, pp. 125-127

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