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Case T-542/11 RENV: Judgment of the General Court of 13 March 2018 — Alouminion tis Ellados v Commission (State aid — Electricity — Decision declaring the aid unlawful and incompatible with the internal market and ordering its recovery — Preferential electricity tariff granted by a contract entered into with the incumbent supplier — Termination of the contract by the incumbent supplier — Judicial suspension, by way of interim measures, of the effects of termination of the contract — Annulment of the Commission’s decision by the General Court — Judgment of the General Court set aside by the Court of Justice — Referral of the case back to the General Court — Scope of the action after being referred back — Classification of the order granting interim measures as constituting new aid — Competence of the Commission — Effective judicial protection — Classification of the preferential tariff as State aid — Advantage — Legitimate expectations — Rights of defence of the recipient — Obligation to recover — Obligation to state reasons)
ECLI:EU:UNKNOWN:62011TA0542(01)
62011TA0542(01)
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30.4.2018
Official Journal of the European Union
C 152/24
(Case T-542/11 RENV) (<span class="super note-tag">1</span>)
((State aid - Electricity - Decision declaring the aid unlawful and incompatible with the internal market and ordering its recovery - Preferential electricity tariff granted by a contract entered into with the incumbent supplier - Termination of the contract by the incumbent supplier - Judicial suspension, by way of interim measures, of the effects of termination of the contract - Annulment of the Commission’s decision by the General Court - Judgment of the General Court set aside by the Court of Justice - Referral of the case back to the General Court - Scope of the action after being referred back - Classification of the order granting interim measures as constituting new aid - Competence of the Commission - Effective judicial protection - Classification of the preferential tariff as State aid - Advantage - Legitimate expectations - Rights of defence of the recipient - Obligation to recover - Obligation to state reasons))
(2018/C 152/28)
Language of the case: Greek
Parties
Applicant: Alouminion tis Ellados VEAE, formerly Alouminion AE (Athens, Greece) (represented by: G. Dellis, N. Korogiannakis, E. Chrysafis, D. Diakopoulos and N. Keramidas, lawyers)
Defendant: European Commission (represented by: A. Bouchagiar and É. Gippini Fournier, acting as Agents)
Intervener in support of the defendant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: E. Bourtzalas, C. Synodinos, A. Oikonomou and H. Tagaras, lawyers)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision 2012/339/EU of 13 July 2011 on State aid SA.26117 — C 2/2010 (ex NN 62/2009) implemented by Greece in favour of Aluminium of Greece SA (OJ 2012 L 166, p. 83).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Alouminion tis Ellados VEAE to bear its own costs and to pay those incurred by the European Commission and by Dimosia Epicheirisi Ilektrismou AE (DEI).
(<span class="note"> <a id="ntr1-C_2018152EN.01002401-E0001" href="#ntc1-C_2018152EN.01002401-E0001">*1</a> </span>) OJ C 370, 17.12.2011.