Judgment of the General Court of 24 January 2024 – Germany v Commission
(Case T-409/21) 1
(State aid – Aid granted by certain provisions of the amended German Law on combined heat and power generation – Reform of the arrangements for support for cogeneration – Decision declaring the aid compatible with the internal market – Concept of ‘State aid’ – State resources)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents)
Defendant: European Commission (represented by: A. Bouchagiar, C. Kovács and C.-M. Carrega, acting as Agents)
Re:
By its action under Article 263 TFEU, the Federal Republic of Germany seeks annulment of Commission Decision C(2021) 3918 final of 3 June 2021 concerning State Aid SA.56826 (2020/N) – Germany – 2020 reform of support for cogeneration and State Aid SA.53308 (2019/N) – Germany – Change of support to existing CHP plants (Paragraph 13 of the Gesetz zur Neuregelung des Kraft-Wärme-Kopplungsgesetzes (Law reforming the Law on Combined Heat and Power Generation) of 21 December 2015 (BGBl. 2015 I, p. 2498)), whereby the Commission found that various measures to support the production of electricity by combined heat and power plants constitute State aid.
Operative part of the judgment
The Court:
Annuls Commission Decision C(2021) 3918 final of 3 June 2021 concerning State Aid SA.56826 (2020/N) – Germany – 2020 reform of support for cogeneration and State Aid SA.53308 (2019/N) – Germany – Change of support to existing CHP plants (Paragraph 13 of the Gesetz zur Neuregelung des Kraft-Wärme-Kopplungsgesetzes (Law reforming the Law on Combined Heat and Power Generation) of 21 December 2015 (BGBl. 2015 I, p. 2498));
Orders the European Commission to pay the costs.
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1 OJ C 368, 13.9.2021.