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Joined Cases C-792/21 P and C-793/21 P: Judgment of the Court (Third Chamber) of 26 September 2024 – AZ, Federal Republic of Germany v European Commission (Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of State aid – State resources – Parafiscal charge or other compulsory surcharges)
ECLI:EU:UNKNOWN:62021CA0792
62021CA0792
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Official Journal of the European Union
C series
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C/2024/6609
11.11.2024
(Joined Cases C-792/21 P and C-793/21 P)
(Appeal - State aid - Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers - Exemption from network charges in 2012 and 2013 - Decision declaring the aid scheme incompatible with the internal market - Action for annulment - Time limit for bringing proceedings - Admissibility - Article 107(1) TFEU - Concept of ‘State aid’ - State resources - Parafiscal charge or other compulsory surcharges)
(C/2024/6609)
Language of the case: German
Parties
(Case C-792/21 P)
Appellant: AZ (represented by: D. Fouquet, T. Hartmann, M. Kachel, J. Panknin and R. Wilde, Rechtsanwälte)
Other parties to the proceedings: European Commission (represented: initially by K. Herrmann, C. Kovács and T. Maxian Rusche, acting as Agents, and by C. von Donat and G. Quardt, Rechtsanwälte, and subsequently by K. Herrmann, C. Kovács and T. Maxian Rusche, acting as Agents), Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents)
(Case C-793/21 P)
Appellant: Federal Republic of Germany (represented by: J. Möller and R. Kanitz, acting as Agents)
Other parties to the proceedings: AZ (represented by: D. Fouquet, T. Hartmann, M. Kachel, J. Panknin and R. Wilde, Rechtsanwälte), European Commission (represented by: K. Herrmann, C. Kovács and T. Maxian Rusche, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the main appeals and the cross-appeals;
2.Orders AZ, the Federal Republic of Germany and the European Commission to bear their own costs.
* * *
(1) OJ C 73, 14.2.2022.
ELI: http://data.europa.eu/eli/C/2024/6609/oj
ISSN 1977-091X (electronic edition)
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