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Document 62016CA0405

    Case C-405/16 P: Judgment of the Court (Third Chamber) of 28 March 2019 — Federal Republic of Germany v European Commission (Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption)

    IO C 187, 3.6.2019, p. 3–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    3.6.2019   

    EN

    Official Journal of the European Union

    C 187/3


    Judgment of the Court (Third Chamber) of 28 March 2019 — Federal Republic of Germany v European Commission

    (Case C-405/16 P) (1)

    (Appeal - State aid - Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) - Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users - Decision declaring the aid partially incompatible with the internal market - Concept of State aid - Advantage - State resources - Public control of resources - Measure which can be assimilated to a levy on electricity consumption)

    (2019/C 187/03)

    Language of the case: German

    Parties

    Appellant: Federal Republic of Germany (represented by T. Henze and R. Kanitz, acting as Agents, and by T. Lübbig, Rechtsanwalt)

    Other party to the proceedings: European Commission (represented by K. Herrmann and T. Maxian Rusche, Agents)

    Operative part of the judgment

    The Court:

    1.

    Sets aside the judgment of the General Court of the European Union of 10 May 2016, Germany v Commission (T-47/15, EU:T:2016:281);

    2.

    Annuls Commission Decision (EU) 2015/1585 of 25 November 2014 in State aid proceedings SA. 33995 (2013/C) (ex 2013/NN) [implemented by Germany for the support of renewable electricity and energy-intensive users];

    3.

    Orders the European Commission to pay the costs relating to both the appeal proceedings and the proceedings at first instance.


    (1)  OJ C 326, 5.9.2016.


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