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Case C-578/21 P: Judgment of the Court (Seventh Chamber) of 17 November 2022 — Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd, Greenoge Windfarm Ltd v European Commission (Appeal — State aid — Article 107(1) TFEU — Article 108(2) and (3) TFEU — Regulation (EU) 2015/1589 — Article 4 — Member State legislation on business property taxation — Methods for valuation of property used to calculate the basis of assessment of the rate payable — Complaint from wind farm operators — Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used — Preliminary examination procedure — Decision finding that there is no State aid — No economic and selective advantage — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Extent of the European Commission’s investigative duty — Principle of sound administration — Obligation to conduct the investigation procedure diligently and impartially — Scope of review by the General Court of the European Union)
ECLI:EU:UNKNOWN:62021CA0578
62021CA0578
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16.1.2023
Official Journal of the European Union
C 15/18
(Case C-578/21 P) (*)
(Appeal - State aid - Article 107(1) TFEU - Article 108(2) and (3) TFEU - Regulation (EU) 2015/1589 - Article 4 - Member State legislation on business property taxation - Methods for valuation of property used to calculate the basis of assessment of the rate payable - Complaint from wind farm operators - Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used - Preliminary examination procedure - Decision finding that there is no State aid - No economic and selective advantage - Failure to initiate the formal investigation procedure - Concept of ‘serious difficulties’ - Extent of the European Commission’s investigative duty - Principle of sound administration - Obligation to conduct the investigation procedure diligently and impartially - Scope of review by the General Court of the European Union)
(2023/C 15/18)
Language of the case: English
Parties
Appellants: Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd, Greenoge Windfarm Ltd (represented by: M. Segura Catalán, abogada, and M. Clayton, avocate)
Other party to the proceedings: European Commission (represented by: I. Georgiopoulos, S. Noë and K. Herrmann, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd and Greenoge Windfarm Ltd to bear their own costs and to pay those incurred by the European Commission.
(*) Language of the case: English.
(1) OJ C 462, 15.11.2021.