27.2.2023
EN
Official Journal of the European Union
C 71/3
4.
Orders HSBC Holdings plc, HSBC Bank plc and HSBC Continental Europe, formerly HSBC France, to bear their own costs incurred in the proceedings at first instance; 5.
Orders Crédit agricole SA and Crédit agricole Corporate and Investment Bank to bear their own costs relating to the appeal; 6.
Orders JPMorgan Chase & Co. and JPMorgan Chase Bank, National Association, to bear their own costs relating to the appeal.
(1)
OJ C 45, 10.2.2020.
Judgment of the Court (Grand Chamber) of 12 January 2023 (requests for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘DOBELES HES’ SIA (C-702/20), Sabiedrisko pakalpojumu regulēšanas komisija (C-17/21) (Joined Cases C-702/20 and C-17/21) (1) (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — National legislation imposing an obligation on the public operator to purchase from renewable energy producers at a price higher than the market price — Failure to pay a portion of the aid concerned — Application for compensation submitted by those producers to a public authority distinct from that which is, in principle, required, under that national legislation, to pay that aid and whose budget is intended solely to ensure its own operation — New aid — Notification requirement — De minimis aid — Regulation (EU) No 1407/2013 — Article 5 (2) — Cumulation — Taking into account the amounts of aid already received during the reference period on the basis of that national legislation) (2023/C 71/03) Language of the case: Latvian Referring court Augstākā tiesa (Senāts)
Parties to the main proceedings Applicants: ‘DOBELES HES’ SIA (C-702/20), Sabiedrisko pakalpojumu regulēšanas komisija (C-17/21) Intervening parties: Sabiedrisko pakalpojumu regulēšanas komisija, Ekonomikas ministrija, Finanšu ministrija, ‘GM’ SIA
Operative part of the judgment 1.
Article 107(1) TFEU must be interpreted as meaning that national legislation which obliges the approved electricity distribution undertaking to purchase electricity generated from renewable energy sources at a price higher than the market price and which provides that the resulting additional costs are financed by a compulsory surcharge borne by end consumers or which provides that the funds used to finance those additional costs constantly remain under public control constitutes an intervention ‘through State resources’ within the meaning of that provision. 2.
Article 107(1) TFEU must be interpreted as meaning that the classification of an advantage as ‘State aid’ within the meaning of that provision is not subject to the condition that the market concerned has first been fully liberalised. 3.
Article 107(1) TFEU must be interpreted as meaning that, where national legislation has established ‘State aid’, within the meaning of that provision, the payment of a sum claimed before the courts in accordance with that legislation also constitutes such aid.