Margin of appreciation: The General Court of the European Union confirms a decision of the European Commission not to raise objections to an aid scheme for the energy capacity market, and recognizes a wide margin of appreciation for the Member State in defining this aid scheme (Tempus Energy Germany, T Energy Sweden AB)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Tempus judgment of October 6, 2021 concerns a first-phase decision of the Commission on aid to the capacity remuneration mechanism created by Poland. It should not be confused with the Tempus case, which had given rise to an annulment judgment on November 15, 2018 (Case T-793/14, Tempus Energy Ltd and Tempus Energy Technology Ltd v. Commission, Concurrences No. 1-2019), which was itself annulled on appeal (CJEU, September 2, 2021, Commission v. Tempus Energy Ltd and others, C-57/19 P, EU :C :2021 :663, Concurrences No. 4-2021). While these cases have similarities, one concerns the UK capacity market, while the present case concerns the Polish capacity