Judgment of the General Court (Fifth Chamber) of 13 March 2018 –
Alouminion v Commission
(Case T‑542/11 RENV)
(State aid — Electricity — Decision declaring the aid unlawful and incompatible with the internal market and ordering its recovery — Preferential electricity tariff granted by a contract entered into with the incumbent supplier — Termination of the contract by the incumbent supplier — Judicial suspension, by way of interim measures, of the effects of termination of the contract — Annulment of the Commission’s decision by the General Court — Judgment of the General Court set aside by the Court of Justice — Referral of the case back to the General Court — Scope of the action after being referred back — Classification of the order granting interim measures as constituting new aid — Competence of the Commission — Effective judicial protection — Classification of the preferential tariff as State aid — Advantage — Legitimate expectations — Rights of defence of the recipient — Obligation to recover — Obligation to state reasons)
1. State aid — Existing aid and new aid — Examination by the Commission — Exclusive competence — Jurisdiction of the national courts — Limits
(Art. 107 TFEU and 108 TFEU; Council Regulation No 659/1999, Art. 1(b)(i))
(see paras 51-61)
2. Union law — Principles — Right to effective judicial protection — Guaranteed by the European Convention on Human Rights — Reference to the EU Charter on Fundamental Rights
(Charter of Fundamental Rights of the European Union, Art. 47)
(see para. 67)
3. Acts of the institutions — Statement of reasons — Obligation — Scope
(Art. 296, second para., TFEU)
(see para. 80)
4. State aid — Meaning — Legal nature — Interpretation on the basis of objective factors — Complex evaluation of economic matters — Judicial review — Scope
(Art. 107(1) TFEU)
(see para. 112)
5. State aid — Meaning — Criteria for assessment — Cumulative conditions
(Art. 107(1) TFEU)
(see paras 113-115)
6. State aid — Meaning — Aid granted through a State-controlled organization — Preferential electricity tariff for a category of undertakings — Included
(Art. 107(1) TFEU)
(see paras 116, 124, 137)
7. State aid — Examination by the Commission — No observations by the persons concerned — Not relevant to the validity of the Commission decision — Obligation to examine matters not expressly invoked by the Commission’s own motion — None
(Art. 108(2) TFEU)
(see paras 125-128)
8. State aid — Meaning — Assessment in relation to Article 107(1) TFEU — Taking into account previous practice — Not included
(Art. 107(1) TFEU)
(see para. 135)
9. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment
(Art. 107(1) TFEU)
(see paras 155-158)
10. State aid — Compatibility of aid with the internal market — Possible legitimate expectation of the persons concerned — Protection — Conditions and limits
(Art. 108 TFEU)
(see para. 172)
11. State aid — Examination by the Commission — Administrative procedure — Obligation of the Commission to give notice to the interested parties to submit their comments — Right of the aid beneficiary to be sufficiently associated with the proceedings — Limits
(Art. 108(2) TFEU; Council Regulation No 659/1999, Arts 6(1) and 20(1))
(see paras 187, 189-196)
12. State aid — Commission decision finding aid incompatible with the internal market — Obligation to state reasons — Information required
(Arts 107(1) TFEU and 296, second para., TFEU)
(see paras 214, 216, 217)
Re:
| Action based on Article 263 TFEU and seeking annulment of Commission Decision 2012/339/EU of 13 July 2011 on State aid SA.26117 — C 2/2010 (ex NN 62/2009) implemented by Greece in favour of Aluminium of Greece SA (OJ 2012 L 166, p. 83). |
Operative part
The Court:
2. | | Orders Alouminion tis Ellados VEAE to bear its own costs and to pay those incurred by the European Commission and by Dimosia Epicheirisi Ilektrismou AE (DEI). |
2. | | Orders Alouminion tis Ellados VEAE to bear its own costs and to pay those incurred by the European Commission and by Dimosia Epicheirisi Ilektrismou AE (DEI). |