Mytilinaios v DEI and Commission (Appeal - State aid - Arbitral award fixing reduced electricity tariffs - Judgment) French Text [2024] EUECJ C-701/21P (22 February 2024)

Mytilinaios v DEI and Commission (Appeal - State aid - Arbitral award fixing reduced electricity tariffs - Judgment) French Text [2024] EUECJ C-701/21P (22 February 2024)

The Court held that the arbitral tribunal in question, established by party agreement and lacking mandatory jurisdiction, could not be assimilated to a State court. Therefore, the arbitral award was not a State measure. The only potentially State measure was DEI's decision, as a public undertaking, to enter into the...

Source-derived case information.

Citation
[2024] EUECJ C-701/21P
Parties
Appellant (c 701/21 P), Intervening Party (first Instance): Mytilinaios AE – Omilos Epicheiriseon; Respondent, Applicant (first Instance): Dimosia Epicheirisi Ilektrismou AE (DEI); Appellant (c 739/21 P), Respondent (first Instance): Commission européenne; Intervening Party (appeal): République fédérale d’Allemagne
Jurisdiction
European Union
Judgment Date
22 February 2024
Procedural Posture
Appeal (joined Cases C 701/21 P and C 739/21 P) From General Court (t 639/14 Renv, T 352/15, T 740/17) / Judgment on Appeal by Court of Justice of the European Union
Outcome
Appeals upheld; judgment of the General Court set aside.
Legal Topics
Article 107 TFEU, State Aid Definition, Investor Private Operator Test, Imputability to State, Arbitral Awards and State Aid, Procedural Rights in State Aid Investigations
EU Law State Aid Competition Law Article 107 TFEU State Aid Definition Investor Private Operator Test Imputability to State Arbitral Awards and State Aid +1 more

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Parties

Mytilinaios AE – Omilos Epicheiriseon

Appellant (c 701/21 P), Intervening Party (first Instance)

Dimosia Epicheirisi Ilektrismou AE (DEI)

Respondent, Applicant (first Instance)

Commission européenne

Appellant (c 739/21 P), Respondent (first Instance)

République fédérale d’Allemagne

Intervening Party (appeal)

Procedural Posture

Appeal (joined Cases C 701/21 P and C 739/21 P) From General Court (t 639/14 Renv, T 352/15, T 740/17) / Judgment on Appeal by Court of Justice of the European Union

Legal Issues

  1. 1 Whether an arbitral award fixing reduced electricity tariffs constitutes State aid under Article 107(1) TFEU
  2. 2 Whether the arbitral tribunal's decision is imputable to the State
  3. 3 Whether the Commission correctly applied the private investor test

Ratio Decidendi

The Court held that the arbitral tribunal in question, established by party agreement and lacking mandatory jurisdiction, could not be assimilated to a State court. Therefore, the arbitral award was not a State measure. The only potentially State measure was DEI's decision, as a public undertaking, to enter into the arbitration agreement. The Commission was correct to apply the private investor test to DEI's conduct. The General Court erred in law by treating the arbitral award as a State measure and by not applying the correct legal test.

Court Disposition

Appeals upheld; judgment of the General Court set aside.

Orders

  • The judgment of the General Court (T-639/14 RENV, T-352/15, T-740/17) is annulled.
  • The Commission's decisions are upheld as regards the absence of State aid.