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Overview   State aid
Case T‑386/14 - FIH Hold/Erhvervsbank vs- European Commission

15/09/2016 - The appellants brought action before the court for annulment of Commission Decision 2014/884/EU on the State aid case SA.34445 (12/C) implemented by Denmark for the transfer of property-related assets from FIH to the FSC. In his judgment, the General Court now annulled the underlying Commission Decision of 2014.

 
Commission approves French plans to support combined heat and power plants

9/8/2016 - The European Commission has found French plans to support combined heat and power plants using natural gas to be in line with EU state aid rules. The scheme will reduce CO2 emissions and improve energy efficiency, in line with EU energy and climate goals, without unduly distorting competition. (B-2)

 
Commission approves €12 million coronavirus damage compensation and €255.5 million of liquidity support to SATA Air Açores and Azores Airlines in Portugal; extends ongoing in-depth investigation to planned restructuring aid

30/04/2021. The European Commission has approved €12 million in Portuguese support in favour of SATA Air Açores - Sociedade Açoriana de Transportes Aéreos S.A. (‘SATA Air Açores') as compensation due to damages suffered as a direct result of travel restrictions imposed due to the coronavirus outbreak. Furthermore, it approved up to €255.5 million additional liquidity support to SATA Air Açores. At the same time, the Commission has extended the ongoing in-depth investigation into other support measures to assess whether Portugal's planned restructuring support measures in favour of SATA are in line with EU rules on State aid to companies in difficulty.

 
Commission approves prolongation and modification of German scheme to support electricity production from renewable energy sources

29/04/2021. The European Commission has approved, under EU State aid rules, the prolongation and modification of a German scheme to support the production of electricity from renewable energy sources and from mine gas, as well as reductions of charges to fund support for electricity from renewable sources. The reduction of charges will be available to (i) energy-intensive companies and (ii) shore-side electricity supply to ships while at berth in ports. The scheme is part of the German Renewable Energy Act (“Erneuerbare Energien Gesetz” - ‘EEG 2021'). The scheme will help Germany reach its renewable energy targets without unduly distorting competition and will contribute to the EU objective of achieving climate neutrality by 2050. Payments under the scheme for 2021 have been estimated to amount to around €33.1 billion.

 
Commission v Spain (TNT en Castille-La Manche)

29/04/2021. The Commission takes note of today’s judgment by the Court of Justice of the EU declaring that Spain failed to implement the 2014 Commission Decision ordering Spain to recover unlawful and incompatible State aid granted to Telecom Castilla-La Mancha and Cellnex Telecom. The Commission will continue to monitor the full implementation of the recovery procedure.
The judgment provides useful guidance on how Spain shall continue and achieve the recovery procedure to fully implement of the Commission Decision.

 
Achemos Grupė and Achema v Commission

29/04/2021. The Commission takes note of today’s judgment by the Court of Justice of the European Union, which fully upheld the 2019 ruling by the General Court in this case. In 2019, the General Court had upheld a 2013 Commission decision approving Lithuanian aid for the construction and operation of a liquefied natural gas terminal in the port of Klaipėda.
Today’s judgment fully confirms the Commission’s decision and its assessment on the necessity and proportionality of the aid as required by Article 107(3) TFEU, the SGEI framework and public procurement rules.

 
Fortischem v Commission

29/04/2021. The Commission takes note of the judgment by the Court of Justice of the European Union EU, which confirms the judgment of the General Court of 24 September 2019 and dismisses the appeal lodged by Fortischem. The judgment concerns the Commission’s 2014 decision in relation to the State aid provided to the Slovak chemical company NCHZ.
The Court fully confirmed the Commission’s in-depth analysis of the existence of aid as well as its finding of economic continuity between NCHZ and Fortischem.