Request for a preliminary ruling from the Administrative Court, Autonomous Section for the Province of Bolzano (Italy) lodged on 18 February 2021 – KW v Autonomous Province of Bolzano
(Case C-102/21)
Language of the case: German
Referring court
Administrative Court, Autonomous Section for the Province of Bolzano
Parties to the main proceedings
Appellant: KW
Defendant: Autonomous Province of Bolzano
Questions referred
Did the aid authorised by Commission Decision SA.32113 (2010/N) of 25 July 2012 to cover 80% of the costs of the construction of mini-hydroelectric power plants for the generation of electrical energy for own consumption from renewable energy sources for the benefit of mountain huts and hostels in high alpine areas, for which connection to the electricity grid is not feasible without disproportionate effort in technical and financial terms, expire on 31 December 2016?
If that question is answered in the affirmative:
Is Article 20 of Regulation (EU) 2015/1589 1 to be interpreted as meaning that, in the case where aid is misused, the Commission must issue a recovery decision before the public authorities intervene?
Is the abovementioned aid compatible with the internal market within the meaning of Article 107(3)(c) TFEU, since it serves to facilitate the development of certain economic areas, or is it liable to distort competition and affect trade between Member States?
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1 Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).