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Case T-238/19: Judgment of the General Court of 6 October 2021 — Wepa Hygieneprodukte and Others v Commission (State aid — Aid regime implemented by Germany for certain large electricity consumers — Exemption from network charges for the period 2012-2013 — Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted — Action for annulment — Time limit for bringing an action — Admissibility — Concept of ‘aid’ — State resources — Selectivity)
ECLI:EU:UNKNOWN:62019TA0238
62019TA0238
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22.11.2021
Official Journal of the European Union
C 471/42
(Case T-238/19) (*)
(State aid - Aid regime implemented by Germany for certain large electricity consumers - Exemption from network charges for the period 2012-2013 - Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted - Action for annulment - Time limit for bringing an action - Admissibility - Concept of ‘aid’ - State resources - Selectivity)
(2021/C 471/58)
Language of the case: German
Parties
Applicants: Wepa Hygieneprodukte GmbH (Arnsberg, Germany), Wepa Leuna GmbH (Leuna, Germany), Wepa Papierfabrik Sachsen GmbH (Arnsberg) (represented by: H. Janssen, A. Vallone and L. Kienzle, lawyers)
Defendant: European Commission (represented by: K. Herrmann and T. Maxian Rusche, acting as Agents)
Intervener in support of the applicants: Federal Republic of Germany (represented by: D. Klebs, J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/56 of 28 May 2018 on aid scheme SA.34045 (2013/C) (ex 2012/NN) implemented by Germany for baseload consumers under Paragraph 19 StromNEV (OJ 2019 L 14, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wepa Hygieneprodukte GmbH, Wepa Leuna GmbH and Wepa Papierfabrik Sachsen GmbH to each bear their own costs and to pay those incurred by the European Commission;
3.Orders the Federal Republic of Germany to bear its own costs.
*
(*) Language of the case: German.
ECLI:EU:C:2021:140