CASE COMMENTS: STATE AID - EUROPEAN UNION - OBJECTIVE OF COMMON INTEREST - ENVIRONMENTAL PROTECTION

Compatible aid: The Court of Justice of the European Union confirms the legality of a decision authorizing aid for the promotion of nuclear energy and finds that the compatibility of aid under Article 107(3)(c) is not conditional on the pursuit of an objective of common interest (Hinkley Point C)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court's judgment of 22 September on appeal is not limited to confirming the first instance judgment which had dismissed Austria's action for annulment of the Commission's decision authorising the disputed aid to the "Hinkley Point" nuclear power plant as compatible with the internal market under Article 107(3)(c) TFEU (Trib. EU, 12 July 2018, Austria / Commission, T-356/15, Concurrences no. 3/2018). It is an important judgment of principle which challenges, in several respects, the traditional approach to the compatibility analysis of State aid under Article 107(3)(c) TFEU. It also clarifies the relationship between the Euratom Treaty and the TFEU.

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Compatible aid: The Court of Justice of the European Union confirms the legality of a decision authorizing aid for the promotion of nuclear energy and finds that the compatibility of aid under Article 107(3)(c) is not conditional on the pursuit of an objective of common interest (Hinkley Point C), 22 September 2020, Concurrences N° 4-2020, Art. N° 97650, pp. 179-181

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