Evaluation of Pre-accession State Aid in the Energy Sector. Case Comment to the Judgment of the Court of Justice of 1October 2015 Electrabel SA, Dunamenti Erőmű Zrt. v European Commission (Case C-357/14 P)
Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2016, Vol 9, Issue 14
Abstract
The European Commission decided in 2008 that Hungary provided State aid through a set of Power Purchase Agreements. Electrabel SA (hereinafter, Electrabel) and Dunamenti Erőmű Zrt. (hereinafter, Dunamenti Erőmű) brought an action for annulment against this decision that was dismissed by the General Court in 2014. One year later, the Court of Justice confirmed the first instance ruling, even though Advocate General Wathelet was of the opinion that the contested judgment should be set aside. According to the Advocate General (hereinafter, AG), the case raised three difficult issues: (i) is the relevant date for the assessment of the existence of the aid the date on which the measure was implemented (well before Hungary’s EU accession) or the date of the accession; (ii) should the date of accession be the relevant date, do facts prior to that date have to be included in the assessment of the existence of State aid, and (iii) which company should repay the aid granted
Authors and Affiliations
Tihamér Tóth
The Huawei Case and Its Aftermath: a New Test for a New Type of Abuse
Competition law sets limits on the exercise of intellectual property rights by dominant companies, namely in cases involving standard essential patents (SEPs). This article will examine the framework for SEP owners’ rig...
Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles
The corporate human rights development was fueled by the increasing amount of fines imposed on both European and national level. For many years, the jurisprudence of the ECtHR has classified administrative, including com...
Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No IACa 1322/13)
Despite the fact that the right to full compensation of harm caused by the breach of Articles 101 and 102 TFEU was confirmed in European Union jurisprudence many years ago,and that actions for damages for competition law...
Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers
The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abst...
The French System of Antitrust Enforcement: A Sui Generis Monist Model
The paper examines strengths and weakness of the French system of competition enforcement, with the aim of contributing to the discussion on the institutional design of systems of competition law enforcement. In this reg...