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Case T-745/18: Judgment of the General Court of 6 October 2021 — Covestro Deutschland v Commission (State aid — Aid scheme implemented by Germany in favour of certain large electricity consumers — Exemption from network charges for the period 2012 — 2013 — Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted — Action for annulment — Time limit for bringing an action — Admissibility — Definition of aid — State resources — Equal treatment — Legitimate expectations)
ECLI:EU:UNKNOWN:62018TA0745
62018TA0745
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22.11.2021
Official Journal of the European Union
C 471/39
(Case T-745/18) (<span class="oj-super oj-note-tag">1</span>)
(State aid - Aid scheme implemented by Germany in favour of certain large electricity consumers - Exemption from network charges for the period 2012 — 2013 - Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted - Action for annulment - Time limit for bringing an action - Admissibility - Definition of aid - State resources - Equal treatment - Legitimate expectations)
(2021/C 471/54)
Language of the case: German
Parties
Applicant: Covestro Deutschland AG (Leverkusen, Germany) (represented by: M. Küper, J. Otter, C. Anger and M. Goldberg, lawyers)
Defendant: European Commission (represented by: T. Maxian Rusche and K. Herrmann, acting as Agents)
Intervener in support of the applicant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/56 of 28 May 2018 of 7 May 2015 on the State aid SA.34045 (2013/C) (ex 2012/NN) implemented by Germany to baseload consumers under Paragraph 19 StromNEV (OJ 2019 L 14, p. 1).
Operative part of the judgment
1.The application is dismissed;
2.Covestro Deutschland AG is ordered to bear its own costs and those incurred by the European Commission;
3.The Federal Republic of Germany is ordered to bear its own costs.
(<span class="oj-super">1</span>) OJ C 82 of 4.3.2019.
* Language of the case: German.