The EU Court of Justice clarifies that State aid cannot be established as a result of a judicial decision (DOBELES HES / GM)

The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That law provided that producers of electricity from renewable energy sources who had already commenced their activity at that date were to continue to benefit from the previous conditions, which were essentially more favourable so far as concerns the prices applied to sale at the increased tariff. DOBELES HES SIA and GM SIA are two Latvian undertakings which operate hydroelectric power plants producing electricity from renewable energy sources. Following the entry into force of that Law, the