Judgment of the Court of First Instance (First Chamber) of 8 September 2009 – AceaElectrabel v Commission

(Case T-303/05)

State aid – Energy sector – Investment aid for the construction of a district heating system – Decision declaring the aid compatible with the common market – Obligation to repay first aid declared unlawful and incompatible with the common market – Concept of economic unit

1.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision on State aid – Characterisation of adverse effect on competition and the effects on trade between Member States (Arts 87(1) EC and 253 EC) (see paras 42-45, 51)

2.                     State aid – Effect on trade between Member States – Adverse effect on competition – Measure benefiting a local business in an economic sector which has been liberalised(Art. 87(1) EC) (see paras 59-61, 70-71)

3.                     State aid – Prohibition – Exceptions – Aid which may be considered compatible with the common market – Discretion of the Commission (Arts 87(3) EC and 88 EC) (see paras 101-103, 110)

4.                     State aid – Prohibition – Exceptions – Commission decision making authorisation for the payment of aid subject to prior repayment by the undertaking concerned of unlawful aid previously received (Arts 87(3)(c) EC and 88(2) EC) (see paras 165-167)

Re:

Operative part

The Court: