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Document 62021CJ0693
Judgment of the Court (Fourth Chamber) of 14 December 2023.
EDP España, SA v Naturgy Energy Group, SA, and European Commission.
Appeal – State aid – Environmental incentive measure adopted by the Kingdom of Spain for coal-fired power plants – Decision to initiate the formal investigation procedure – Action for annulment.
Joined Cases C-693/21 P and C-698/21 P.
Judgment of the Court (Fourth Chamber) of 14 December 2023.
EDP España, SA v Naturgy Energy Group, SA, and European Commission.
Appeal – State aid – Environmental incentive measure adopted by the Kingdom of Spain for coal-fired power plants – Decision to initiate the formal investigation procedure – Action for annulment.
Joined Cases C-693/21 P and C-698/21 P.
ECLI identifier: ECLI:EU:C:2023:989
Joined Cases C‑693/21 P and C‑698/21 P
EDP España SA
v
Naturgy Energy Group SA
and
European Commission
Judgment of the Court (Fourth Chamber) of 14 December 2023
(Appeal – State aid – Environmental incentive measure adopted by the Kingdom of Spain for coal-fired power plants – Decision to initiate the formal investigation procedure – Action for annulment)
Aid granted by a Member State – Examination by the Commission – Decision to initiate the formal investigation procedure provided for in Article 108(2) TFEU – Obligation to state reasons – Scope – Decision to enable interested parties to participate effectively in the formal investigation procedure – Decision to initiate the formal investigation procedure in the light of the selective nature of a measure within the context of a particular legal regime – Obligation to carry out a summary analysis of the compatibility of the situations at issue in the context of the assessment of selectivity
(Arts 107(1), 108(2) and 296, second para., TFEU; Council Regulation 2015/1589, Arts 6(1) and 9(2))
(see paragraphs 61-79)