Naturgy Energy Group v Commission (State Aid - Judgment) French Text [2021] EUECJ T-328/18 (08 September 2021)

Naturgy Energy Group v Commission (State Aid - Judgment) French Text [2021] EUECJ T-328/18 (08 September 2021)

The Commission did not violate its obligation to state reasons under Article 296 TFEU, as the applicant was able to understand the preliminary reasoning for selectivity. The Commission did not commit a manifest error of assessment in finding the measure selective, as the applicant failed to demonstrate that only...

Source-derived case information.

Citation
[2021] EUECJ T-328/18
Parties
Applicant: Naturgy Energy Group, SA (anciennement Gas Natural SDG, SA); Respondent: Commission européenne; Intervener: EDP España, SA; Intervener: Viesgo Producción, SL (venant aux droits de Viesgo Generación, SL)
Jurisdiction
European Union
Procedural Posture
Application for Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
State Aid, Environmental Incentives, Electricity Sector Regulation, Obligation to State Reasons, Selectivity of Aid, Error of Assessment
European Union Law State Aid Law Administrative Law State Aid Environmental Incentives Electricity Sector Regulation Obligation to State Reasons Selectivity of Aid +1 more

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Parties

Naturgy Energy Group, SA (anciennement Gas Natural SDG, SA)

Applicant

Commission européenne

Respondent

EDP España, SA

Intervener

Viesgo Producción, SL (venant aux droits de Viesgo Generación, SL)

Intervener

Procedural Posture

Application for Annulment / Final Judgment

  1. 1 Whether the Commission violated its obligation to state reasons regarding the selectivity of the measure
  2. 2 Whether the Commission committed a manifest error of assessment in finding the measure selective under Article 107(1) TFEU

Ratio Decidendi

The Commission did not violate its obligation to state reasons under Article 296 TFEU, as the applicant was able to understand the preliminary reasoning for selectivity. The Commission did not commit a manifest error of assessment in finding the measure selective, as the applicant failed to demonstrate that only coal plants were required to make substantial investments or that the measure merely equalized investments across technologies. The measure was exclusive to coal plants in the PNRE-GIC and not of general application.

Court Disposition

application dismissed

Orders

  • application for annulment rejected
  • applicant to bear costs