State aid notion: The Court of Justice of the European Union has ruled that state measures guaranteeing a priority call by the state network operator of electricity produced by certain electricity producers, access to the transmission networks and an obligation to provide ancillary services to the network operator, which results in prices exceeding those of the market, is likely to be qualified as state aid and as new aid that must be notified in advance to the European Commission (Fondul Proprietatea)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The annotated judgment is rather strange because it only "pushes open doors" on its state aid aspects. This is the granting by the Romanian authorities of guaranteed access to the electricity grids for the electricity produced by two power generation companies in order to ensure continuous operation of the grid. The Court of Justice answers two questions from the Bucharest Court of Appeal. The first concerns the scope of Article 15(4) of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC. The second concerns the qualification

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • University of Liège

Quotation

Jacques Derenne, Victoria Baert, State aid notion: The Court of Justice of the European Union has ruled that state measures guaranteeing a priority call by the state network operator of electricity produced by certain electricity producers, access to the transmission networks and an obligation to provide ancillary services to the network operator, which results in prices exceeding those of the market, is likely to be qualified as state aid and as new aid that must be notified in advance to the European Commission (Fondul Proprietatea), 27 January 2022, Concurrences N° 2-2022, Art. N° 106599, pp. 160-162

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