Action brought on 29 March 2024 – Germany v Commission
(Case T-177/24)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: J. Möller und R. Kanitz, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
annul the decision of the European Commission of 26 January 2024 on state aid SA.110055 (2024/N) – Germany – Amendment of the CHP 1 and Offshore electricity surcharges reductions for railway undertakings in so far as it states that the relief for railways
a) from the CHP 1 levy,
b) from the offshore network levy,
constitute state aid under the Energy Financing Law 1 and
order the defendant to pay the costs.
Pleas in law and main arguments
In support of its action, the applicants puts forward a single plea. The European Commission erred in law in interpreting and applying Article 107(1) TFEU by finding that the undertakings affected by the notified measure received aid from the State or through State resources. According to the applicants, the relief for railways from the CHP levy and from the offshore network levy under the Energy Financing Law is not a mandatory levy within the meaning of the Court’s case-law. The funds collected by the network operators are also not under constant State control and are therefore not available to the State.
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1 Combined heat and power (‘CHP’).
1 Gesetz für die Erhaltung, die Modernisierung und den Ausbau der Kraft-Wärme-Kopplung (‘KWKG 2023’) (Law for the maintenance, modernisation and expansion of combined heat and power; ‘CHP Law’) of 21 December 2015 (BGBl. I p. 2498), which was last amended by Article 9 of the Law of 20 December 2022 (BGBl. I p. 2512).
1 Gesetz zur Finanzierung der Energiewende im Stromsektor durch Zahlungen des Bundes und Erhebung von Umlagen (EnFG) (Law on financing the energy transition in the electricity sector through federal payments and levying of surcharges; ‘Energy Financing Law’) of 20 July 2022 (BGBl. I p. 1237, 1272), which was last amended by Article 5 of the Law of 26 July 2023 (BGBl. 2023 I No. 202).