Order of the Court (Seventh Chamber) of 22 October 2014 — Elcogás

(Case C‑275/13) ( 1 )

‛Reference for a preliminary ruling — State aid — Concept of State intervention or through State resources — Companies which own electricity generating plants — Extraordinary financing’

1. 

Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 99) (see paras 18, 19)

2. 

State aid — Concept — Grant of advantages imputable to the State — Public authorities involved in the adoption of the measure (Art. 107(1) TFEU) (see paras 22, 23)

3. 

State aid — Concept — Aid from State resources — Mechanism for compensating additional costs linked to the production of electricity — Mechanism financed by the tariff applied to consumers and users of the transport and distribution network and managed by a State body — Included (Art. 107(1) TFEU) (see paras 24-33, operative part)

Operative part

Article 107(1) TFEU must be interpreted as meaning that the sums allocated to a private undertaking producing electricity which are financed by all end users of electricity in the national territory and which are distributed to undertakings in the electricity sector by a public body in accordance with predetermined legal criteria constitute aid granted by a Member State or through State resources.


( 1 ) OJ C 226, 3.08.2013


Order of the Court (Seventh Chamber) of 22 October 2014 — Elcogás

(Case C‑275/13) ( 1 )

‛Reference for a preliminary ruling — State aid — Concept of State intervention or through State resources — Companies which own electricity generating plants — Extraordinary financing’

1. 

Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 99) (see paras 18, 19)

2. 

State aid — Concept — Grant of advantages imputable to the State — Public authorities involved in the adoption of the measure (Art. 107(1) TFEU) (see paras 22, 23)

3. 

State aid — Concept — Aid from State resources — Mechanism for compensating additional costs linked to the production of electricity — Mechanism financed by the tariff applied to consumers and users of the transport and distribution network and managed by a State body — Included (Art. 107(1) TFEU) (see paras 24-33, operative part)

Operative part

Article 107(1) TFEU must be interpreted as meaning that the sums allocated to a private undertaking producing electricity which are financed by all end users of electricity in the national territory and which are distributed to undertakings in the electricity sector by a public body in accordance with predetermined legal criteria constitute aid granted by a Member State or through State resources.


( 1 )   OJ C 226, 3.08.2013