Order of the Court (Seventh Chamber) of 22 October 2014
Order of the Court (Seventh Chamber) of 22 October 2014
Data
- Court
- Court of Justice
- Case date
- 22 oktober 2014
Verdict
Order of the Court (Seventh Chamber) of 22 October 2014 — Elcogás
(Case C‑275/13)(1)
"Reference for a preliminary ruling - State aid - Concept of State intervention or through State resources - Companies which own electricity generating plants - Extraordinary financing"
1. Questions referred for a preliminary rulingQuestions the answer to which may be clearly deduced from the Court’s existing case-lawApplication of Article 99 of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 99) (see paras 18, 19)
2. State aidConceptGrant of advantages imputable to the StatePublic authorities involved in the adoption of the measure (Art. 107(1) TFEU) (see paras 22, 23)
3. State aidConceptAid from State resourcesMechanism for compensating additional costs linked to the production of electricityMechanism financed by the tariff applied to consumers and users of the transport and distribution network and managed by a State bodyIncluded (Art. 107(1) TFEU) (see paras 24-33, operative part)
Operative part
Article 107(1) TFEU must be interpreted as meaning that the sums allocated to a private undertaking producing electricity which are financed by all end users of electricity in the national territory and which are distributed to undertakings in the electricity sector by a public body in accordance with predetermined legal criteria constitute aid granted by a Member State or through State resources.