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Case T-196/19: Judgment of the General Court of 6 October 2021 — AZ v Commission (State aid — Aid scheme implemented by Germany for some large electricity consumers — Exemption from network charges in respect of the 2012-2013 period — Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid — Action for annulment — Period allowed for commencing proceedings — Admissibility — Concept of aid — State resources — Selectivity — Equal treatment — Legitimate expectations)

ECLI:EU:UNKNOWN:62019TA0196

62019TA0196

October 6, 2021
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22.11.2021

Official Journal of the European Union

C 471/40

(Case T-196/19) (*)

(State aid - Aid scheme implemented by Germany for some large electricity consumers - Exemption from network charges in respect of the 2012-2013 period - Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid - Action for annulment - Period allowed for commencing proceedings - Admissibility - Concept of aid - State resources - Selectivity - Equal treatment - Legitimate expectations)

(2021/C 471/56)

Language of the case: German

Parties

Applicant: AZ (represented by: F. Wagner, D. Fouquet, T. Hartmann and M. Kachel, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and K. Herrmann, acting as Agents, and G. Quardt and C. von Donat, lawyers)

Intervener in support of the applicant: Federal Republic of Germany (represented by: 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 AZ to bear its 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

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