EDP España v Commission (Order) French Text [2019] EUECJ C-536/19P(I)_CO (13 November 2019)

EDP España v Commission (Order) French Text [2019] EUECJ C-536/19P(I)_CO (13 November 2019)

EDP España SA, as a beneficiary of the contested State aid measure, is exposed to the risk that national courts may order recovery of amounts already received while the Commission's decision opening formal examination produces effects. This establishes a direct and current interest in the outcome of the annulment proceedings, entitling EDP España SA to intervene. The Tribunal erred in law by denying this interest.

Parties
Applicant: EDP España SA; First Instance Applicant: Naturgy Energy Group SA; First Instance Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
13 November 2019
Procedural Posture
Appeal / Order on Appeal Against Refusal of Intervention
Outcome
appeal allowed; order of Tribunal annulled; intervention granted
Legal Topics
State Aid, Intervention, Interest to Intervene, Environmental Incentives, Procedural Rights
EU Law Administrative Law State Aid Intervention Interest to Intervene Environmental Incentives Procedural Rights

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Parties

EDP España SA

Applicant

Naturgy Energy Group SA

First Instance Applicant

Commission européenne

First Instance Respondent

Procedural Posture

Appeal / Order on Appeal Against Refusal of Intervention

Legal Issues

  1. 1 Whether EDP España SA has a direct and current interest to intervene in annulment proceedings regarding a Commission decision opening formal examination of State aid

Ratio Decidendi

EDP España SA, as a beneficiary of the contested State aid measure, is exposed to the risk that national courts may order recovery of amounts already received while the Commission's decision opening formal examination produces effects. This establishes a direct and current interest in the outcome of the annulment proceedings, entitling EDP España SA to intervene. The Tribunal erred in law by denying this interest.

Court Disposition

appeal allowed; order of Tribunal annulled; intervention granted

Orders

  • The Tribunal's order of 13 June 2019 is annulled.
  • EDP España SA is admitted to intervene in case T-328/18 in support of Naturgy Energy Group SA.