Case C-594/18 P: Judgment of the Court (Grand Chamber) of 22 September 2020 — Republic of Austria v European Commission and Others (Appeal — State aid — Article 107(3)(c) TFEU — Articles 11 and 194 TFEU — Article 1, Article 2(c) and Article 106a(3) of the Euratom Treaty — Planned aid for Hinkley Point C nuclear power station (United Kingdom) — Decision declaring the aid compatible with the internal market — Objective of common interest — Environmental objectives of the European Union — Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability — Determination of the economic activity concerned — Market failure — Proportionality of the aid — Operating or investment aid — Determination of the aid elements — Guarantee Notice)
Date: 2020-09-22
Institutions: Court of Justice
Subjects: State aid, United Kingdom, control of State aid, credit guarantee, investment aid, nuclear power station, polluter pays principle, precautionary principle, principle of proportionality








C_2020390EN.01000301.xml










16.11.2020   


EN


Official Journal of the European Union


C 390/3






Judgment of the Court (Grand Chamber) of 22 September 2020 — Republic of Austria v European Commission and Others
(Case C-594/18 P) (1)

(Appeal - State aid - Article 107(3)(c) TFEU - Articles 11 and 194 TFEU - Article 1, Article 2(c) and Article 106a(3) of the Euratom Treaty - Planned aid for Hinkley Point C nuclear power station (United Kingdom) - Decision declaring the aid compatible with the internal market - Objective of common interest - Environmental objectives of the European Union - Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability - Determination of the economic activity concerned - Market failure - Proportionality of the aid - Operating or investment aid - Determination of the aid elements - Guarantee Notice)
(2020/C 390/03)
Language of the case: German

Parties


Appellant: Republic of Austria (represented initially by G. Hesse, and subsequently by F. Koppensteiner and M. Klamert, acting as Agents, and by H. Kristoferitsch, Rechtsanwalt)

Other parties to the proceedings: European Commission (represented by É. Gippini Fournier, T. Maxian Rusche, P. Němečková and K. Herrmann, acting as Agents), Czech Republic (represented by M. Smolek, J. Vláčil, T. Müller and I. Gavrilová, acting as Agents), French Republic (represented initially by D. Colas and P. Dodeller, and subsequently by P. Dodeller and T. Stehelin, acting as Agents), Grand Duchy of Luxembourg (represented initially by D. Holderer, and subsequently by T. Uri, acting as Agents, and by P. Kinsch, avocat), Hungary (represented by M.Z. Fehér, acting as Agent, and P. Nagy, ügyvéd), Republic of Poland (represented by B. Majczyna, acting as Agent), Slovak Republic (represented by B. Ricziová, acting as Agent), United Kingdom of Great Britain and Northern Ireland (represented by Z. Lavery and S. Brandon, acting as Agents, A. Robertson QC and T. Johnston, Barrister)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Republic of Austria to bear its own costs relating to the appeal proceedings and to pay those incurred by the European Commission;










3.


Orders the Czech Republic, the French Republic, the Grand Duchy of Luxembourg, Hungary, the Republic of Poland, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 427, 26.11.2018.