CASE COMMENTS: STATE AID – EUROPEAN UNION – ENERGY – STATE RESOURCES – SERVICE OF GENERAL ECONOMIC INTEREST

SGEI: The Court of Justice of the European Union rules that measures intended to compensate providers of public interest services in the electricity sector are to be regarded as State aid, when they do not fulfil the four Altmark conditions and are financed by a tax imposed on final electricity consumers and apportioned by a body under public control (Achema)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Supreme Administrative Court of Lithuania referred several questions to the Court for a preliminary ruling on whether or not the Lithuanian rules on services of public interest in the electricity sector constituted State aid. The main doubts of the referring court related to the financing of the scheme through state resources and to the existence or not of an advantage in favour of the operators concerned, in particular in the light of the four Altmark conditions. Other questions raised concerned the selectivity of those measures, the distortion of competition and the effect on intra-Community trade, but they did not present any particular difficulty

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, SGEI: The Court of Justice of the European Union rules that measures intended to compensate providers of public interest services in the electricity sector are to be regarded as State aid, when they do not fulfil the four Altmark conditions and are financed by a tax imposed on final electricity consumers and apportioned by a body under public control (Achema), 15 May 2019, Concurrences N° 3-2019, Art. N° 91599, pp. 124-126

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