CELEX: 62016CA0405
Language: en
Date: 2019-03-28 00:00:00
Title: Case C-405/16 P: Judgment of the Court (Third Chamber) of 28 March 2019 — Federal Republic of Germany v European Commission (Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption)

3.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 187/3
            
         
      Judgment of the Court (Third Chamber) of 28 March 2019 — Federal Republic of Germany v European Commission
      (Case C-405/16 P) (1)
      
      (Appeal - State aid - Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) - Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users - Decision declaring the aid partially incompatible with the internal market - Concept of State aid - Advantage - State resources - Public control of resources - Measure which can be assimilated to a levy on electricity consumption)
      (2019/C 187/03)
      Language of the case: German
      
         Parties
      
      
         Appellant: Federal Republic of Germany (represented by T. Henze and R. Kanitz, acting as Agents, and by T. Lübbig, Rechtsanwalt)
      
         Other party to the proceedings: European Commission (represented by K. Herrmann and T. Maxian Rusche, Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Sets aside the judgment of the General Court of the European Union of 10 May 2016, Germany v Commission (T-47/15, EU:T:2016:281);
               
            
                  2.
               
               
                  Annuls Commission Decision (EU) 2015/1585 of 25 November 2014 in State aid proceedings SA. 33995 (2013/C) (ex 2013/NN) [implemented by Germany for the support of renewable electricity and energy-intensive users];
               
            
                  3.
               
               
                  Orders the European Commission to pay the costs relating to both the appeal proceedings and the proceedings at first instance.
               
            
         (1)  OJ C 326, 5.9.2016.