CASE COMMENTS : STATE AID − CONCEPT OF ADVANTAGE − COMPENSATION FOR EXPROPRIATION ON GROUNDS OF PUBLIC INTEREST − TEMPORAL EXTENSION OF A PREFERENTIAL TARIFF FOR THE SUPPLY OF ELECTRICITY − DECISION DECLARING THE AID INCOMPATIBLE WITH THE COMMON MARKET − PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS - AID MEASURE PUT INTO EFFECT

Concept of advantage: The General Court confirms that an alleged compensatory rationale cannot be used in an extensive manner by a Member State to escape the State aid discipline (ThyssenKrupp Acciai Speciali Terni)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. GCEU, 1st July 2010, ThyssenKrupp Acciai Speciali Terni v. Commission, case T-62/08 In 1962, Italy nationalized the electricity sector. This measure normally exempted companies that produced electricity mainly for self-generation ('autoproducers'), with the exception of those whose activity was of particular strategic importance. For example, Terni's hydroelectric branch, which was mainly used to supply Terni's production lines (for steel, chemicals and cement), had been nationalized. Terni was compensated for this expropriation by granting a preferential electricity tariff for the period 1963-1992. The Terni (ex-Terni) successor companies, including

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, Concept of advantage: The General Court confirms that an alleged compensatory rationale cannot be used in an extensive manner by a Member State to escape the State aid discipline (ThyssenKrupp Acciai Speciali Terni), 1 July 2010, Concurrences N° 4-2010, Art. N° 33119, pp. 170-173

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