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Overview   State aid
Case T-449/14 P DTS (Distribuidora de Televisión Digital) vs. European Commission regarding aid to the Spanish public broadcaster RTVE

10/11/2016 - The Commission welcomes the judgment by the EU court of Justice, which fully confirms the Commission decision of July 2010 approving state aid granted by Spain to the Spanish public broadcaster RTVE. It follows a judgment by the General Court, which also upheld the Commission decision. The judgment confirmed the Commission's findings that a tax levied for financing the state aid was not an integral part of the aid measure. This is in particular because the aid amount is determined by the cost of fulfilling RTVE's public service obligations and not by the revenue from the tax. Moreover, the surplus from the tax revenues may be used for other purposes. The Commission was therefore entitled to approve the aid scheme under the state aid rules and was not obliged to assess the conformity of the tax with other provisions of EU law.

 
Commission approves revised French market-wide capacity mechanism

8/11/2016 - The European Commission has approved French plans for a capacity mechanism under EU state aid rules. During the investigation France agreed to amend the measure. The Commission concluded that the revised measure improves the security of electricity supply whilst maintaining competition.

 
Commission approves amendments to German regional aid map for the period 2017-2020

3/11/2016 - The European Commission has found amendments to Germany's regional aid map for granting state aid between 2014 and 2020 to be in line with EU state aid rules. The map defines the German regions that are eligible for regional investment aid under EU state aid rules and establishes the maximum levels of aid (so-called "aid intensities") that can be granted. The 2014 Guidelines on Regional State Aid allow for a mid-term review of the regional aid maps approved by the Commission. This enables Member States to make amendments to the list of supported areas and/or the level of aid intensities in supported areas, in order to take into account recent changes in the social and economic circumstances of individual regions. The modifications to the maps need to comply with the criteria set out in the Guidelines. Germany notified a proposal to align the list of eligible regions within Mecklenburg-Vorpommern to the administrative delimitations in place at the moment of the mid-term review. As the newly defined sub-region Vorpommern-Greifswald borders a so-called 'a' region with high maximum aid intensity (regions where the economic situation is very unfavourable as compared to the EU average), Vorpommern-Greifswald can benefit from an increased maximum aid intensity of 20% in accordance with the rules of the Guidelines. As the entire Mecklenburg-Vorpommern has been eligible for support under Germany's regional aid map, there is no change in the total population coverage of assisted areas within Mecklenburg-Vorpommern and within Germany. The modified map will be in force from 1 January 2017 until 31 December 2020.

 
Commission finds Hungarian advertisement tax in breach of EU rules

4/11/2016 - The European Commission has found that the Hungarian advertisement tax is in breach of EU State aid rules because its progressive tax rates grant a selective advantage to certain companies. It also unduly favours companies that did not make a profit in 2013 by allowing them to pay less tax.

 
Commission approves German support to cogenerated electricity; opens in-depth investigation into surcharge reductions

24/10/2016 - The European Commission has found German plans to support high-efficiency cogeneration to be in line with EU state aid rules. They promote energy efficiency, lower CO2 emissions and lead to a better integration of cogenerated power into the electricity market. At the same time, the Commission will start an in-depth investigation into reductions for certain users from the surcharges imposed to finance the support.

 
Commission approves German electricity demand response scheme

24/10/2016 - The European Commission has approved under EU state aid rules a German measure to stabilise the electricity network by reducing electricity consumption of large consumers. The Commission concluded that the measure improves the security of electricity supply whilst maintaining competition in the Single Market.

 
Case C-242/15 P - Land Hessen v Pollmeier Massivholz

12/10/2016 - The EU Court of Justice ruled on an appeal against a General Court judgment of March 2015. The 2015 ruling had partly annulled a Commission decision of October 2008 finding German public support measures in favour of the company Abalon Hardwood Hessen to be in line with EU state aid rules. The German company Pollmeier Massivholz had brought an action for the annulment of this decision. The General Court had annulled the 2008 decision insofar as it had found that two state guarantees granted to Abalon involved no state aid within the meaning of the EU rules. The German Land of Hessen had appealed this judgment. The Court of Justice has now dismissed the appeal and confirmed the General Court's 2015 ruling.

 
New competition policy brief on state aid transparency

29/8/2016 - The EU rules require that aid given to companies be transparent. This means that aid must be easy to detect in order to subject it to public scrutiny. This policy brief explains the new approach on state aid transparency. (A-3)

 
C‑574/14 - preliminary ruling on PGE Górnictwo i Energetyka Konwencjonalna S.A. vs. Prezes Urzędu Regulacji Energetyki - Power Purchase Agreements

15/9/2016 - The Commission welcomes today's judgement on the request for preliminary ruling submitted by the Supreme Court in Poland as regards an application of PGE against the Polish energy regulator on the enforcement of annual adjustments to State aid by way of compensation for stranded costs in view of changes in the structures of the corporate groups to which the stranded costs beneficiaries belong. The dispute concerns the manner of calculating the stranded costs due in view of changes in corporate structures. By the ruling the Court of Justice reaffirms the exclusive competence of the Commission in assessing the compatibility with the internal market of State aid measures and allows a Member State, when performing the annual adjustments of the stranded costs granted to take a dynamic approach by taking into consideration continuously evolving market circumstances including changes in corporate structures that are subsequent to the moment when the Commission approved the aid.

 
Case T‑57/15 - Trajektna luka Split d.d vs. European Commission

14/9/2016 - The applicant appealed against the Commission Decision C(2013)7285 concerning port fees in Croatia. The Commission welcomes the judgment of the General Court dismissing the action of the appellant. Today's judgment fully confirms the Commission's finding that the measure complained of by Trajektna luka Split did not involve the transfer of State resources and thus did not constitute state aid.