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Case T-300/19: Judgment of the General Court of 14 April 2021 — Achema and Lifosa v Commission (State aid — Market in electricity generated from renewable energy sources — Operating aid — Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage — Article 107(3)(c) TFEU — Infringement of procedural rights — 2008 Guidelines on State aid for environmental protection — 2014 Guidelines on State aid for environmental protection and energy 2014-2020 — Article 30 TFEU — Article 110 TFEU — Body of consistent evidence)

ECLI:EU:UNKNOWN:62019TA0300

62019TA0300

April 14, 2021
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Valentina R., lawyer

Official Journal of the European Union

C 242/24

(Case T-300/19) (*)

(State aid - Market in electricity generated from renewable energy sources - Operating aid - Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage - Article 107(3)(c) TFEU - Infringement of procedural rights - 2008 Guidelines on State aid for environmental protection - 2014 Guidelines on State aid for environmental protection and energy 2014-2020 - Article 30 TFEU - Article 110 TFEU - Body of consistent evidence)

(2021/C 242/31)

Language of the case: English

Parties

Applicants: Achema AB (Jonava, Lithuania), Lifosa AB (Kedainiai, Lithuania) (represented by: E. Righini and N. Solárová, lawyers)

Defendant: European Commission (represented by: K. Herrmann and P. Němečková, acting as Agents)

Intervener in support of the defendant: Republic of Lithuania (represented by: K. Dieninis and R. Dzikovič, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources (OJ 2019 C 61, p. 1).

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources;

2.Orders the European Commission to bear its own costs and to pay those incurred by Achema AB and Lifosa AB;

3.Orders the Republic of Lithuania to bear its own costs.

(*) Language of the case: English.

(1) OJ C 238, 15.7.2019.

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