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Judgment of the General Court (Sixth Chamber) of 13 February 2012. # Budapesti Erőmű Zrt v European Commission. # State aid - Wholesale electricity market - Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements - Decision to initiate the procedure laid down in Article 88(2) EC - Decision declaring the aid incompatible with the common market and ordering its recovery - New aid - Private investor test. # Joined cases T-80/06 and T-182/09.
ECLI:EU:T:2012:65
62006TJ0080
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State aid — Wholesale electricity market — Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements — Decision to initiate the procedure laid down in Article 88(2) EC — Decision declaring the aid incompatible with the common market and ordering its recovery — New aid — Private investor test
4. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment — Liberalised sector (Art. 87(1) EC) (see paras 95‑97)
5. State aid — Commission decision finding aid incompatible with the common market and ordering its recovery — Possible for the Commission to leave to national authorities the task of calculating the exact amount to be recovered — Indication of a repayment methodology in the final decision — State aid in the electricity market (Art. 88 EC; Council Regulation No 659/1999, Art. 14(1)) (see paras 106‑110, 113‑115)
7. Actions for annulment — Grounds — Misuse of powers — Meaning (Art. 230 EC) (see para. 140)
Re:
APPLICATION, in Case T‑80/06, for annulment of the Commission’s decision, notified to Hungary by letter of 9 November 2005, to initiate the procedure laid down in Article 88(2) EC in relation to State aid C 41/2005 (ex NN 49/2005) — Hungarian Stranded Costs, and, in Case T‑182/09, for 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).
Operative part
The Court: