Judgment of the General Court of 6 October 2021 – Covestro Deutschland v Commission
(Affaire T-745/18)1
(State aid – Aid scheme implemented by Germany in favour of certain large electricity consumers – Exemption from network charges for the period 2012 – 2013 – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Action for annulment – Time limit for bringing an action – Admissibility – Definition of aid – State resources – Equal treatment – Legitimate expectations)
Language of the case: German
Parties
Applicant: Covestro Deutschland AG (Leverkusen, Germany) (represented by: M. Küper, J. Otter, C. Anger and M. Goldberg, lawyers)
Defendant: European Commission (represented by: T. Maxian Rusche and K. Herrmann, acting as Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/56 of 28 May 2018 of 7 May 2015 on the State aid SA.34045 (2013/C) (ex 2012/NN) implemented by Germany to baseload consumers under Paragraph 19 StromNEV (OJ 2019 L 14, p. 1).
Operative part of the judgment
The application is dismissed;
Covestro Deutschland AG is ordered to bear its own costs and those incurred by the European Commission;
The Federal Republic of Germany is ordered to bear its own costs.
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1 OJ C 82 of 4.3.2019.