Commission v Tempus energy and Tempus Energy Technology (Appeal - Intervention - Interest in the result of the case - Order) [2019] EUECJ C-57/19P_CO (05 September 2019)

Commission v Tempus energy and Tempus Energy Technology (Appeal - Intervention - Interest in the result of the case - Order) [2019] EUECJ C-57/19P_CO (05 September 2019)

Calon Energy Ltd, as a beneficiary of the aid scheme, is directly affected by the outcome of the appeal and has established an interest in the result of the case, warranting leave to intervene.

Citation
[2019] EUECJ C-57/19P_CO
Parties
Appellant: European Commission; Intervener in Appeal: Republic of Poland; Applicant at First Instance: Tempus Energy Ltd; Applicant at First Instance: Tempus Energy Technology Ltd; Intervener at First Instance: United Kingdom of Great Britain and Northern Ireland; Intervener in Appeal: Calon Energy Ltd
Jurisdiction
European Union
Judgment Date
05 September 2019
Procedural Posture
Appeal / Order on Intervention
Outcome
Application for leave to intervene granted.
Legal Topics
Intervention, Interest in Result of Case, Capacity Market, Procedural Rights
EU Law State Aid Intervention Interest in Result of Case Capacity Market Procedural Rights

Case Brief

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Parties

European Commission

Appellant

Republic of Poland

Intervener in Appeal

Tempus Energy Ltd

Applicant at First Instance

Tempus Energy Technology Ltd

Applicant at First Instance

United Kingdom of Great Britain and Northern Ireland

Intervener at First Instance

Calon Energy Ltd

Intervener in Appeal

Procedural Posture

Appeal / Order on Intervention

Legal Issues

  1. 1 Whether Calon Energy Ltd has a direct and existing interest in the result of the appeal and is entitled to intervene

Ratio Decidendi

Calon Energy Ltd, as a beneficiary of the aid scheme, is directly affected by the outcome of the appeal and has established an interest in the result of the case, warranting leave to intervene.

Court Disposition

Application for leave to intervene granted.

Orders

  • Calon Energy Ltd is granted leave to intervene in Case C-57/19 P in support of the form of order sought by the European Commission.
  • A period shall be determined within which Calon Energy Ltd may submit a statement in intervention.