CELEX: 62006TA0080
Language: en
Date: 2012-02-13 00:00:00
Title: Joined Cases T-80/06 and T-182/09: Judgment of the General Court of 13 February 2012 — Budapesti Erőmű v Commission (State aid — Wholesale electricity market — Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements — Decision to initiate the procedure laid down in Article 88(2) EC — Decision declaring the aid incompatible with the common market and ordering its recovery — New aid — Private investor test)

24.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/20
            
         Judgment of the General Court of 13 February 2012 — Budapesti Erőmű v Commission
   (Joined Cases T-80/06 and T-182/09) (1)
   
   (State aid - Wholesale electricity market - Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements - Decision to initiate the procedure laid down in Article 88(2) EC - Decision declaring the aid incompatible with the common market and ordering its recovery - New aid - Private investor test)
   2012/C 89/30
   Language of the case: English
   
      Parties
   
   
      Applicant: Budapesti Erőmű Zrt (Budapest (Hungary)) (represented, in Cases T-80/06 and T-182/09, by M. Powell, C. Arhold and K. Struckmann, lawyers, and also, in Case T-182/09, by A. Hegyi, lawyer)
   
      Defendant: European Commission (represented, in Cases T-80/06 and T-182/09, by N. Khan, L. Flynn and K. Talabér-Ritz, and also, in Case T-80/06, by V. Di Bucci, acting as Agents)
   
      Re:
   
   Application, in Case T-80/06, for annulment of the Commission’s decision, notified to Hungary by letter of 9 November 2005, to initiate the procedure laid down in Article 88(2) EC in relation to State aid C 41/2005 (ex NN 49/2005) — Hungarian Stranded Costs, and, in Case T-182/09, for annulment of Commission Decision 2009/609/EC of 4 June 2008 on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements (OJ 2009 L 225, p. 53).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the actions;
            
         
               2.
            
            
               Orders Budapesti Erőmű Zrt to pay the costs.
            
         
      (1)  OJ C 108, 6.5.2006.