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Case C-57/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Tempus Energy Ltd, Tempus Energy Technology Ltd, United Kingdom of Great Britain and Northern Ireland (Appeal — State aid — Aid scheme — Article 108(2) and (3) TFEU — Regulation (EC) No 659/1999 — Article 4(3) and (4) — Concept of ‘doubts as to the compatibility of a notified measure with the common market’ — Decision not to raise objections — Formal investigation procedure not initiated — Guidelines on State aid for environmental protection and energy 2014-2020 — Code of Best Practice for the conduct of State aid control procedures — ‘Pre-notification’ contacts — Procedural rights of interested parties — Electricity capacity market in the United Kingdom)
ECLI:EU:UNKNOWN:62019CA0057
62019CA0057
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25.10.2021
Official Journal of the European Union
C 431/14
(Case C-57/19 P) (*)
(Appeal - State aid - Aid scheme - Article 108(2) and (3) TFEU - Regulation (EC) No 659/1999 - Article 4(3) and (4) - Concept of ‘doubts as to the compatibility of a notified measure with the common market’ - Decision not to raise objections - Formal investigation procedure not initiated - Guidelines on State aid for environmental protection and energy 2014-2020 - Code of Best Practice for the conduct of State aid control procedures - ‘Pre-notification’ contacts - Procedural rights of interested parties - Electricity capacity market in the United Kingdom)
(2021/C 431/13)
Language of the case: English
Appellant: European Commission (represented by: É. Gippini Fournier and P. Němečková, acting as Agents,)
Other parties to the proceedings: Tempus Energy Ltd, Tempus Energy Technology Ltd (represented by: J. Derenne and D. Vallindas, avocats, and by C. Ziegler, Rechtsanwalt), United Kingdom of Great Britain and Northern Ireland (represented by: initially, F. Shibli, S. McCrory and Z. Lavery, and, subsequently, F. Shibli, S. McCrory, acting as Agents, and G. Facenna QC and D. Mackersie, Barrister)
Intervener in support of the appellant: Republic of Poland (represented by: B. Majczyna, acting as Agent)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 15 November 2018, Tempus Energy and Tempus Energy Technology v Commission (T-793/14, EU:T:2018:790);
2.Dismisses the action in Case T-793/14;
3.Orders Tempus Energy Ltd and Tempus Energy Technology Ltd to bear their own costs and to pay those incurred by the European Commission in the proceedings before the General Court of the European Union and before the Court of Justice;
4.Orders the Republic of Poland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
(*)
Language of the case: English.
ECLI:EU:C:2025:140
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