CASE COMMENTS: STATE AID - ENERGY - ARBITRATION - PRIVATE OPERATOR

Private operator: The General Court of the European Union considers that an arbitration decision requested by both parties to a dispute is comparable to the judgment of an ordinary court and is therefore likely to constitute an act granting State aid (DEI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The series of DCI judgments of the Court of Justice and the Court of First Instance contains conceptual developments of great interest for the discipline of aid. The judgment of 22 September 2021 is no exception. The use of arbitration and the overall problem The Court of First Instance had to rule on the application of the State aid rules to an arbitration decision which had been taken to put an end to a long-standing dispute between two operators, the state-owned company DEI, a quasi-monopoly producer and distributor of electricity in Greece, and Aluminon, its largest aluminium-producing customer, concerning the price at which electricity was sold to

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Private operator: The General Court of the European Union considers that an arbitration decision requested by both parties to a dispute is comparable to the judgment of an ordinary court and is therefore likely to constitute an act granting State aid (DEI), 22 September 2021, Concurrences N° 4-2021, Art. N° 103429, pp. 134-136

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