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(Case T-217/17) (<span class="super note-tag">1</span>)
(State aid - Market for electricity generated from renewable sources - Measures setting a minimum purchase price for electricity generated from renewable energy sources or granting a bonus to producers of that electricity - Amendment of the initial measures - Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage - Article 107, paragraph 3(c) TFEU - Beneficiaries of the aid and shareholders of the beneficiaries - Legitimate expectations - State resources - Commission’s competence to examine the compatibility of the measures with other provisions of EU law than State aid)
(2019/C 413/49)
Language of the case: English
Applicants: FVE Holýšov I s. r. o. (Prague, Czech Republic) and the 27 other applicants whose names appear in the Annex to the Judgment (represented by: A. Reuter, H. Wendt, C. Bürger, T. Christner, W. Schumacher, A. Compes and T. Herbold, lawyers)
Defendant: European Commission (represented by: L. Armati, P. Němečková and T. Maxian-Rusche, acting as Agents)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil, T. Müller and O. Serdula and L. Dvořáková, acting as Agents), Kingdom of Spain (represented initially by: A. Gavela Llopis, and subsequently by A. Rubio González and S. Centeno Huerta, acting as Agents), Republic of Cyprus (represented by: E. Symeonidou and E. Zachariadou, acting as Agents), Slovak Republic (represented by: B. Ricziová and M. Kianička, acting as Agents)
Application pursuant to Article 263 TFEU for the partial annulment of Commission Decision C(2016) 7827 final of 28 November 2016 on State aid SA.40171 (2015/NN), concerning the promotion of electricity production from renewable energy sources, a summary of which has been published in the Official Journal of the European Union (OJ 2017 C 69, p. 2).
The Court:
1.Dismisses the action;
2.Orders FVE Holýšov I s. r. o. and the other applicants whose names are included in the annex to bear their own costs and to pay those incurred by the European Commission;
3.Orders the Czech Republic, the Republic of Spain, the Republic of Cyprus and the Slovak Republic to bear their own costs.
(<span class="note"> <a id="ntr1-C_2019413EN.01004201-E0001" href="#ntc1-C_2019413EN.01004201-E0001">*1</a> </span>) OJ C 202, 26.6.2017.