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Case T-469/20: Judgment of the General Court of 16 November 2022 — Netherlands v Commission (State aid — Netherlands law prohibiting the use of coal for the production of electricity — Anticipated closure of a coal-powered power plant — Grant of compensation — Decision not to raise objections — Decision declaring the compensation compatible with the internal market — No express classification as ‘State aid’ — Action for annulment — Act open to challenge — Admissibility — Article 4(3) of Regulation (EU) 2015/1589 — Legal certainty)

ECLI:EU:UNKNOWN:62020TA0469

62020TA0469

November 16, 2022
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23.1.2023

Official Journal of the European Union

C 24/35

(Case T-469/20) (*)

(State aid - Netherlands law prohibiting the use of coal for the production of electricity - Anticipated closure of a coal-powered power plant - Grant of compensation - Decision not to raise objections - Decision declaring the compensation compatible with the internal market - No express classification as ‘State aid’ - Action for annulment - Act open to challenge - Admissibility - Article 4(3) of Regulation (EU) 2015/1589 - Legal certainty)

(2023/C 24/48)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: M. Bulterman, M. de Ree and J. Langer, acting as Agents)

Defendant: European Commission (represented by: H. van Vliet, B. Stromsky and D. Recchia, acting as Agents)

Re:

By its action based on Article 263 TFEU, the Kingdom of the Netherlands seeks annulment of Commission Decision C(2020) 2998 final of 12 May 2020 on State aid SA.54537 (2020/NN) — Netherlands, Prohibition of coal for the production of electricity in the Netherlands.

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2020) 2998 final of 12 May 2020 on State aid SA.54537 (2020/NN) — Netherlands, Prohibition of coal for the production of electricity in the Netherlands;

2.Orders the European Commission to pay the costs.

(*)

Language of the case: Dutch

ECLI:EU:C:2025:140

* * *

(*) Language of the case: Dutch.

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