Judgment of the General Court (Sixth Chamber) of 8 December 2021 –
Sun West and Others v Commission
(Case T‑623/20)
(State aid – Production of electricity by photovoltaic installations – Obligation to purchase the electricity at a higher price than the market price – Rejection of a complaint – Second subparagraph of Article 12(1) and Article 24(2) of Regulation (EU) 2015/1589)
1. State aid – Examination of complaints – Obligations of the Commission – Complaint lodged by an undertaking seeking to inform the Commission of aid granted unlawfully in order to obtain a decision on its compatibility – Inadmissibility of the complaint – Breach of the principle of legal certainty – None
(Arts 107(1) and 108 TFEU; Council Regulation No 2015/1589, Arts 1(f) and (h), 12(1) and 24(2))
(see paras 25-34, 37-56)
2. State aid – Respective powers of the Commission and the national courts – Role of the national courts – Safeguarding of the rights of individuals when the obligation to give prior notice has been infringed – Obligation of the national courts to draw the appropriate conclusions from that infringement in accordance with national law
(Arts 107 and 108 TFEU)
(see paras 35, 36)
3. State aid – Examination of complaints – Obligations of the Commission – Preliminary examination phase – Obligation of the Commission to conduct inquiries – Scope – Diligent and impartial examination of the complaint
(Arts 107(1) and 108 TFEU; Regulation No 2015/1589, Arts 12(1) and (2) and 24(2))
(see para. 48)
Re:
| Application under Article 263 TFEU for annulment of the Commission’s decision of 28 July 2020 rejecting the applicants’ complaint concerning State aid granted unlawfully by the French Republic to photovoltaic energy producers under pricing decrees of 10 July 2006, and 12 January and 31 August 2010, in order to have the aid declared incompatible with the internal market. |
Operative part
The Court:
2. | | Orders Sun West, JB Solar and Azimut56 to bear their own costs and to pay those incurred by the European Commission. |