CASE COMMENTS: STATE AIDS – RENEWABLE ENERGY – PURCHASE OBLIGATION – FINANCING BY A TAX

State resources: The General Court of the European Union rules that funds financed through compulsory contributions imposed by the legislation of a Member State, administered and apportioned in accordance with that legislation, may be regarded as State resources even if they are administered by entities separate from the public authorities (Germany / Commission)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of 10 May 2016 is of significant interest as regards the concept of state resources. It recalls and clarifies the limits of the PreussenElektra case law (CJEU, 13 March 2001, case C-379/98) and is in line with the Essent (CJEU, 17 July 2008, case C-206/06) and Vent de Colère! judgments. (CJEU, 19 December 2013, case C-262/12). It concerns a support system for renewable energy introduced in 2012 by Germany (the 2012 EEG). Under this system, producers of green electricity obtain privileged access to distribution networks. Grid operators must pay them a price fixed by law. The obligations assumed by the distribution system operators are passed on

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, State resources: The General Court of the European Union rules that funds financed through compulsory contributions imposed by the legislation of a Member State, administered and apportioned in accordance with that legislation, may be regarded as State resources even if they are administered by entities separate from the public authorities (Germany / Commission) , 10 May 2016, Concurrences Nº 3-2016, Art. N° 80859, pp. 130-131

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