CASE COMMENTS: STATE AID - ELECTRICITY GENERATED BY WIND-POWERED INSTALLATIONS - OBLIGATION TO PURCHASE AT HIGHER PRICE THAN MARKET PRICE- INTERVENTION BY THE STATE OR THROUGH STATE RESOURCES
Notion of State intervention or State resources: General advocate Jääskinen advises the Court to consider the French mechanism financing the obligation to purchase electricity generated by wind-powered installations as an intervention by the State or through State resources (Association Vent De Colère !)
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A new setback for wind energy professionals in France. Advocate General Niilo Jääskinen has just concluded in his Opinion delivered on 11 July 2013, following the reference for a preliminary ruling by the Conseil d'État on the classification of the French mechanism for financing the obligation to purchase electricity produced by wind turbines as State aid, that this financing mechanism fulfils the first condition for a national measure to be classified as State aid within the meaning of Article 107(1) TFEU, and therefore whether it falls within the notion of State intervention or through State resources.
In essence, Advocate General
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