The Commission's State Aid Control over Renewable Energy Stimulation Measures Reinforced
| DOI | 10.1177/1023263X1602300508 |
| Date | 01 October 2016 |
| Published date | 01 October 2016 |
| Subject Matter | Case Note |
890 23 MJ 5 (2016)
THE COMMISSION’S STATE AID
CONTROL OVER RENEWABLE ENERGY
STIMULATION MEASURES REINFORCED
Case T-47/15 Germany v. Commission, EU:T:2016:281
A A.J. P S O W. B*
§1. IN TROD UC TION
On 10May 2016, the General Court ruled on a n appeal lodged by Germany against the
European Commission’s state aid decision concerning German legislat ion aimed at
stimulating t he production of renewable energy – the Renewable Resources Act of 2012
(EEG 2012).1 e support scheme for renewable energ y producers contained in the EEG
2012 is an element of the German Energiewen de policy, which aims at a tra nsition by
Germany to a low carbon, environ mentally sound, reliable and a ordable energy supply.
In its 25November 2014 decision, the Commission foundthat t he EEG 2012 support
scheme for renewable energy producers consisted of aid that wa s largely in line with
state aid rules. e Commission also approved most of the reduct ions granted to energy-
intensive companies on the surcharge for energy users to nance the support scheme
for renewables. Germany unsucce ssfully contested the Commis sion’s ndings before the
General Court. e case provided the General Cour t with an occasion to elaborate in
particula r on the circumstances under wh ich identi ed advantages should be considered
as being provided through state resources.
§2. RELEVANT FACTS AND THE ARGUMENTS
OF THE PARTIES
e EEG 2012 came into e ect in 2012 and provided, inter alia, t hat producers of
renewable energy were entitled to receive a premium on the energy ma rket price in
* e authors are lawyer s at Fresh elds Bruckhaus Deringer LLP. e aut hors would like to thank L isa
Chee for her research cont ribution to this note.
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