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Case T-468/08: Judgment of the General Court of 30 April 2014 — Tisza Erőmű v Commission (State aid — Aid awarded by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring the State aid incompatible with the common market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Selective nature — State resources — Imputability to the State — Effect on trade between Member States — Rights of the defence — Legal certainty — Legitimate expectations — Equal treatment — Proportionality — Misuse of powers — Article 10 of the Energy Charter Treaty)
ECLI:EU:UNKNOWN:62008TA0468
62008TA0468
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24.6.2014
Official Journal of the European Union
C 194/19
(Case T-468/08) (<span class="super">1</span>)
((State aid - Aid awarded by the Hungarian authorities to certain electricity generators - Power purchase agreements concluded between a public undertaking and certain electricity generators - Decision declaring the State aid incompatible with the common market and ordering its recovery - Obligation to state reasons - Concept of State aid - Advantage - Selective nature - State resources - Imputability to the State - Effect on trade between Member States - Rights of the defence - Legal certainty - Legitimate expectations - Equal treatment - Proportionality - Misuse of powers - Article 10 of the Energy Charter Treaty))
2014/C 194/23
Language of the case: English
Parties
Applicant: Tisza Erőmű kft, formerly AES-Tisza Erőmű kft (Tiszaújváros, Hungary) (represented initially by T. Ottervanger and E. Henny, lawyers, and subsequently by T. Ottervanger)
Defendant: European Commission (represented by: L. Flynn, N. Khan and K. Talabér-Ritz, acting as Agents)
Re:
Application for the annulment of Commission Decision 2009/609/EC of 4 June 2008 on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements (OJ 2009 L 225, p. 53).
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Tisza Erőmű kft to pay the costs, including those incurred in the proceedings for interim measures.
(<span class="super">1</span>) OJ C 6, 10.1.2009.