Information;Order — ECLI:EU:C:2019:965
Date: 2019-11-13
Language of the case: Spanish
Court formation: Vice-President
Subject matter: State aids;Competition;Procedural provisions
Procedure: Action for annulment;Appeal - successful;Application to intervene - successful
Origin: Spain

Order of the Vice-President of the Court of 13 November 2019 — EDP España v Commission [Case C‑536/19 P(I)] (Appeal — Intervention — Interest in the result of the case — State aid — Environnemental incentive adopted by the Kingdom of Spain in support of coal power plants — Decision to initiate the formal investigation procedure — Risk of recovery) 1. Judicial proceedings — Intervention — Admissibility criteria — Interest in the result of the case — Meaning — Need for a direct and existing interest — Case regarding the legality of a Commission decision on State aid — Recipient undertaking exposed to a risk of recovery ordered by a national court — Existence of a direct and existing interest in the result of the case (Art. 108(2) and (3) TFEU; Statute of the Court of Justice, Art. 40, second para.) (see paras 28-30, 41-43) 2. State aid — Respective powers of the Commission and the national courts — Role of the national courts — Commission decision to initiate the formal investigation procedure in respect of aid — Obligation of the national courts to draw all the consequences of a possible infringement of the obligation to suspend the measures examined — Suspension of operation of the measure in question and recovery of the amounts already paid — Granting of provisional measures (Art. 4(3) TEU; Art. 108(2) and (3) TFEU) (see paras 35-40) 3. Appeal — Appeal upheld — Judgment to be given on the substance by the appeal court — Condition — Whether the state of the proceedings permits final judgment to be given — Application to an application to intervene (Statute of the Court of Justice, Arts 40, second para., and 61, first para.) (voir points 46-49) Operative part 1. The order of the General Court of the European Union of 13 June 2019, Naturgy Energy Group v Commission (T‑328/18, not published, EU:T:2019:440), is annulled. 2. EDP España SA is allowed to intervene in Case T‑328/18 in support of the form of order sought by Naturgy Energy Group SA. 3. EDP España SA, Naturgy Energy Group SA and the European Commission shall bear their own costs.