Windpark Groothusen v Commission (Energy) [1998] EUECJ C-48/96P (14 May 1998)

Windpark Groothusen v Commission (Energy) [1998] EUECJ C-48/96P (14 May 1998)

The Commission's decision to refuse funding was lawful, accompanied by sufficient reasons, and consistent with published criteria. The action was time-barred regarding the July 1993 decision. No right to a hearing was infringed, and no misuse of powers was established. The appeal was dismissed in its entirety.

Source-derived case information.

Citation
[1998] EUECJ C-48/96P
Parties
Appellant: Windpark Groothusen GmbH & Co. Betriebs KG; Respondent: Commission of the European Communities
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Review, Financial Support Programmes, Procedural Requirements, Right to a Hearing, Statement of Reasons, Misuse of Powers
European Union Law Administrative Law Judicial Review Financial Support Programmes Procedural Requirements Right to a Hearing Statement of Reasons Misuse of Powers

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Windpark Groothusen GmbH & Co. Betriebs KG

Appellant

Commission of the European Communities

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the Commission's refusal to grant funding under the Thermie programme was lawful
  2. 2 Whether the Commission provided adequate reasons for its decision
  3. 3 Whether the applicant's right to a hearing was infringed

Ratio Decidendi

The Commission's decision to refuse funding was lawful, accompanied by sufficient reasons, and consistent with published criteria. The action was time-barred regarding the July 1993 decision. No right to a hearing was infringed, and no misuse of powers was established. The appeal was dismissed in its entirety.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay the costs