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Case T-179/09: Judgment of the General Court of 30 April 2014 — Dunamenti 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 — Concept of State aid — Advantage — New aid — Operating aid — Legitimate expectations — Legal certainty)
ECLI:EU:UNKNOWN:62009TA0179
62009TA0179
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24.6.2014
Official Journal of the European Union
C 194/19
(Case T-179/09) (<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 - Concept of State aid - Advantage - New aid - Operating aid - Legitimate expectations - Legal certainty))
2014/C 194/24
Language of the case: English
Parties
Applicant: Dunamenti Erőmű Zrt. (Százhalombatta, Hungary) (represented by: initially J. Lever QC, A. Nourry, R. Griffith and S. Spence, Solicitors, and subsequently J. Philippe and F.-H. Boret, lawyers)
Defendant: European Commission (represented by: L. Flynn and K. Talabér-Ritz, Agents)
Re:
Application for, in essence, 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) and, in the alternative, the annulment of Articles 2 and 5 of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Dunamenti Erőmű Zrt. to bear its own costs and to pay those incurred by the European Commission.
(<span class="note">1</span>) OJ C 167, 18.7.2009.