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Case C-405/16 P: Judgment of the Court (Third Chamber) of 28 March 2019 — Federal Republic of Germany v European Commission (Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption)
ECLI:EU:UNKNOWN:62016CA0405
62016CA0405
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3.6.2019
Official Journal of the European Union
C 187/3
(Case C-405/16 P) (<span class="super note-tag">1</span>)
(Appeal - State aid - Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) - Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users - Decision declaring the aid partially incompatible with the internal market - Concept of State aid - Advantage - State resources - Public control of resources - Measure which can be assimilated to a levy on electricity consumption)
(2019/C 187/03)
Language of the case: German
Parties
Appellant: Federal Republic of Germany (represented by T. Henze and R. Kanitz, acting as Agents, and by T. Lübbig, Rechtsanwalt)
Other party to the proceedings: European Commission (represented by K. Herrmann and T. Maxian Rusche, Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 10 May 2016, Germany v Commission (T-47/15, EU:T:2016:281);
2.Annuls Commission Decision (EU) 2015/1585 of 25 November 2014 in State aid proceedings SA. 33995 (2013/C) (ex 2013/NN) [implemented by Germany for the support of renewable electricity and energy-intensive users];
3.Orders the European Commission to pay the costs relating to both the appeal proceedings and the proceedings at first instance.
(<span class="note"> <a id="ntr1-C_2019187EN.01000301-E0001" href="#ntc1-C_2019187EN.01000301-E0001">*1</a> </span>) OJ C 326, 5.9.2016.