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Case T-596/22: Judgment of the General Court of 12 March 2025 – PGI Spain and Others v Commission (State aid – Measure to reduce wholesale electricity prices in the Iberian Peninsula – Energy crisis – Decision not to raise objections – No serious difficulties – Principle of non-discrimination – Proportionality – Legitimate expectations)

ECLI:EU:UNKNOWN:62022TA0596

62022TA0596

March 12, 2025
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Official Journal of the European Union

C series

C/2025/2373

28.4.2025

(Case T-596/22)

(State aid - Measure to reduce wholesale electricity prices in the Iberian Peninsula - Energy crisis - Decision not to raise objections - No serious difficulties - Principle of non-discrimination - Proportionality - Legitimate expectations)

(C/2025/2373)

Language of the case: English

Parties

Applicants: PGI Spain, SL (Barcelona, Spain), Berry Superfos Pamplona, SA (Navarre, Spain), Promens Packaging, SA (Barcelona), RPC Envases, SA (Madrid, Spain), Zeller Plastik España, SL (Barcelona) (represented by: P. Holtrop, lawyer)

Defendant: European Commission (represented by: T. Scharf, I. Georgiopoulos and C.-M. Carrega, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: A. Gavela Llopis and M. Morales Puerta, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of the Commission’s Decision C(2022) 3942 final of 8 June 2022 on State aid SA.102454 (2022/N) – Spain and SA.102569 (2022/N) – Portugal – Production cost adjustment mechanism for the reduction of the electricity wholesale price in the Iberian market.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders PGI Spain, SL, Berry Superfos Pamplona, SA, Promens Packaging, SA, RPC Envases, SA and Zeller Plastik España, SL to bear their own costs and to pay those incurred by the European Commission;

3.Orders the Kingdom of Spain to bear its own costs.

(1)

OJ C 482, 19.12.2022.

ELI: http://data.europa.eu/eli/C/2025/2373/oj

ISSN 1977-091X (electronic edition)

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