CASE COMMENTS: STATE AIDS – EUROPEAN UNION – CASE LAW – AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES – OBLIGATION TO PURCHASE ENERGY BY COGENERATION

Aid granted by a member state or through state resources: The Court of Justice of the European Union considers that the Polish Energy Law, which imposes an obligation on electricity companies selling electricity to end-users to purchase electricity produced by cogeneration, does not constitute an intervention by the State or through State resources (ENEA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In order to ensure the sustainable development of energy supply or to reduce the cost to their economies, Member States have been adopting specific legislation for several years. The inventiveness of the State authorities is matched in this respect only by the diversity and complexity of the support systems put in place, which are regularly apprehended under the auspices of the provisions on State aid (see, in this respect, CJEU, 13 March 2001, PreussenElektra, Case C-379/98; CJEU, 17 July 2008, Essent Netwerk Noord and others, Case C-206/06, CJEU, 19 Dec. 2013, Association Vent De Colère ! and Others, Case C-262/12.Trib UE, 11 Dec. 2014, Austria v.

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, Aid granted by a member state or through state resources: The Court of Justice of the European Union considers that the Polish Energy Law, which imposes an obligation on electricity companies selling electricity to end-users to purchase electricity produced by cogeneration, does not constitute an intervention by the State or through State resources (ENEA), 13 September 2017, Concurrences N° 4-2017, Art. N° 85155, pp. 137-138

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