CASE COMMENTS: STATE AID - APPEAL - SELECTIVITY –TRANSFER OF STATE RESSOURCES - PROTECTION OF THE ENVIRONMENT - EMISSION TRADING SCHEME FOR NITROGEN OXIDES

Appeal - Protection of the environment: The Court of Justice annuls a judgment of the General Court and reminds that Article 107 (1) TFEU does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects (Netherlands)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Commission decision declaring aid compatible annulled by the Court of First Instance The Dutch authorities had notified to the Commission an emission trading scheme for nitrogen oxides (hereinafter 'the measure'). The scheme applied only to large industrial installations with a capacity exceeding 20 megawatts thermal (MWth), i.e. around 250 Dutch companies, and aimed at reducing emissions by imposing an emission cap. In case of compliance with the prescribed emission standard, the companies concerned enjoy the advantage of being able to sell the excess of their emission rights to other companies. The Commission had qualified the measure as selective by

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Appeal - Protection of the environment: The Court of Justice annuls a judgment of the General Court and reminds that Article 107 (1) TFEU does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects (Netherlands), 8 September 2011, Concurrences N° 4-2011, Art. N° 40004, pp. 155-156

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