By: Phedon Nicolaides (State Aid Uncovered)
As the process of transition to green economy accelerates, Member States have been reducing the subsidies they promised to grant to the early investors in the production of electricity from renewable sources of energy [RES]. Some of these investors have taken legal action before national courts or resorted to arbitration tribunals in the context of investor-protection treaties to seek compensation.
On 16 September 2021, in case C‑850/19 P, FVE Holýšov and 28 others v European Commission, the Court of Justice upheld a judgment of the General Court that rejected claims that the principle of protection of legitimate expectations had been violated.[1]
FVE Holýšov and the other appellants requested the annulment of the judgment of the General Court in case T-217/17, FVE Holýšov and others v Commission. The General Court had dismissed their appeal against a 2016 Commission decision, SA.40171, concerning support of electricity production from renewable energy sources [RES].
In that decision the Commission concluded that Czech measures for the support of RES electricity or green electricity constituted State aid that was compatible with the internal market. The Czech Republic supported the production of green electricity through a variety of measures. Some of the initial measures that the applicants brought to the attention of the Commission about ten years earlier were considered informally by the Commission [in a letter sent to the applicants] not to constitute State aid because they appeared not to involve state resources [they imposed obligations on distributors to buy more expensive green electricity].
As the Czech measures evolved over time they involved State aid, but the amount of subsidies for green electricity producers was gradually reduced. Because the applicants had several contacts with the Commission, they claimed before the General Court that the information they had received from the Commission was inconsistent and that, for this reason, it infringed the principle of protection of legitimate expectations. The General Court dismissed that claim. The applicants repeated that claim before the Court of Justice…
Featured News
T-Mobile’s Acquisition of Ka’ena Corporation Receives FCC Approval
Apr 26, 2024 by
CPI
UK Regulator Announces Two New Senior Executive Appointments
Apr 26, 2024 by
CPI
Paramount Global and Skydance Media Near Merger Deal, Eyeing CEO Change
Apr 26, 2024 by
CPI
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI