Case C-59/23 P: Judgment of the Court (Grand Chamber) of 11 September 2025 – Austria v Commission (Paks II nuclear power station) (Appeal – State aid – Article 107(3)(c) and Article 108 TFEU – Aid planned for the development of two new nuclear reactors at the site at Paks (Hungary) – Direct award of the construction contract – Directive 2014/25/EU – Decision declaring the aid compatible with the internal market subject to compliance with certain commitments – Compliance of the aid with EU law other than State aid law – Object of the aid – Aspects that are inextricably linked to the aid – Parallel conduct of infringement proceedings – Obligation to state reasons)
Date: 2025-09-11
Institutions: Court of Justice
Subjects: Hungary, State aid, award of contract, control of State aid, nuclear reactor, works contract








C_202505796EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5796


10.11.2025






Judgment of the Court (Grand Chamber) of 11 September 2025 – Austria v Commission (Paks II nuclear power station)


(Case C-59/23 P)
                (1)

(Appeal - State aid - Article 107(3)(c) and Article 108 TFEU - Aid planned for the development of two new nuclear reactors at the site at Paks (Hungary) - Direct award of the construction contract - Directive 2014/25/EU - Decision declaring the aid compatible with the internal market subject to compliance with certain commitments - Compliance of the aid with EU law other than State aid law - Object of the aid - Aspects that are inextricably linked to the aid - Parallel conduct of infringement proceedings - Obligation to state reasons)
(C/2025/5796)
Language of the case: German

Parties


Appellant: Republic of Austria (represented by: A. Posch, M. Fruhmann, M. Klamert and F. Koppensteiner, acting as Agents, and by H. Kristoferitsch, Rechtsanwalt)

Other parties to the proceedings: European Commission (represented by: P. Němečková and L. Wildpanner, acting as Agents), Grand Duchy of Luxembourg (represented by: A. Germeaux and T. Schell, acting as Agents, and by P. Kinsch, lawyer), Czech Republic (represented by: M. Smolek, L. Halajová, T. Müller and J. Vláčil, acting as Agents), French Republic (represented: initially by R. Bénard, T. Lechevallier, T. Stéhelin, and subsequently by T. Lechevallier and T. Stéhelin, acting as Agents), Hungary (represented by: M.Z. Fehér, acting as Agent, and by B. Karsai, Z.Zs. Lehoczki and P. Nagy, ügyvédek), Republic of Poland (represented by: B. Majczyna, acting as Agent), Slovak Republic, United Kingdom of Great Britain and Northern Ireland

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 30 November 2022, Austria v Commission (T-101/18, EU:T:2022:728);










2.


Annuls Commission Decision (EU) 2017/2112 of 6 March 2017 on the measure/aid scheme/State aid SA.38454 – 2015/C (ex 2015/N) which Hungary is planning to implement for supporting the development of two new nuclear reactors at Paks II nuclear power station;










3.


Orders the European Commission to pay, in addition to its own costs, those incurred by the Republic of Austria both in the proceedings at first instance and on appeal;










4.


Declares that the Czech Republic, the French Republic, the Grand Duchy of Luxembourg, Hungary and the Republic of Poland are to bear their own costs relating to the proceedings at first instance and on appeal;










5.


Declares that the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland are to bear their own costs relating to the proceedings at first instance.






(1)  
            OJ C 104, 20.3.2023.


ELI: http://data.europa.eu/eli/C/2025/5796/oj
ISSN 1977-091X (electronic edition)