The EU Court of Justice upholds the judgment of the General Court that Czech measures for the support of renewable sources of energy constitute State aid (FVE Holýšov)

Legitimate Expectations and the “Right” to State Aid* Introduction As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the production of electricity from renewable sources of energy [RES]. Some of these investors have taken legal action before national courts or resorted to arbitration tribunals in the context of investor-protection treaties to seek compensation. On 16 September 2021, in case C‑850/19 P, FVE Holýšov and 28 others v European Commission, the Court of Justice upheld a judgment of the General Court that rejected claims that the principle of protection of legitimate expectations had been violated. [1] FVE Holýšov and the other appellants requested the annulment of the