Judgment of the General Court (Tenth Chamber) of 14 April 2021

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themCommission decision finding State aid compatible with the internal market without opening the formal investigation procedureAction by interested parties within the meaning of Article 108(2) TFEUAdmissibilityConditions

(Arts 108(2) and (3) and 263, fourth para., TFEU; Council Regulation 2015/1589, Art. 1(h))

(see paras 37-39)

Action for annulmentNatural or legal personsMeasures of direct and individual concern to themCommission decision finding State aid compatible with the internal market without opening the formal investigation procedureAction by interested parties within the meaning of Article 108(2) TFEUIdentification of the subject matter of the actionAction designed to safeguard the procedural rights of the persons concernedPleas that may be put forward

(Arts 108(3) and 267, fourth para., TFEU; Council Regulation 2015/1589, Art. 1(h))

(see paras 42, 203-205)

State aidExamination by the CommissionPreliminary review and main reviewCompatibility of aid with the internal marketDifficulties of assessmentCommission’s duty to initiate the main review procedureSerious difficultiesConceptObjective nature

(Art. 108 TFEU; Council Regulation 2015/1589, Art. 4)

(see paras 43, 45)

State aidExamination by the CommissionPreliminary review and main reviewCommission’s duty to initiate the main review procedure in the event of serious difficultiesConcept of serious difficultiesObjective natureJudicial reviewScope

(Art. 108 TFEU; Council Regulation 2015/1589, Art. 4)

(see para. 44)

State aidExamination by the CommissionPreliminary review and main reviewCompatibility of aid with the internal marketDifficulties of assessmentCommission’s duty to initiate the main review procedureSerious difficultiesConceptObjective natureBurden of proofCircumstances enabling the existence of such difficulties to be establishedBody of consistent evidence concerning the length of the preliminary examination procedure, the circumstances surrounding the adoption of the contested decision, and the content of that decision

(Art. 108 TFEU; Council Regulation 2015/1589, Art. 4)

(see paras 46, 47, 54-86, 92-112, 115-135, 138-148, 151-178, 209-239)

State aidExamination by the CommissionPreliminary review and main reviewCompatibility of aid with the internal marketDifficulties of assessmentCommission’s duty to initiate the main review procedureCircumstances enabling such difficulties to be establishedMere passage of time exceeding the normal duration of a preliminary investigation not sufficient

(Art. 108 TFEU; Council Regulation 2015/1589, Art. 4)

(see paras 86, 87)

State aidExamination by the CommissionPreliminary review and main reviewDifficulties of assessmentCommission’s duty to initiate the main review procedureSerious difficultiesRequest for additional information not in itself revealing the existence of serious difficulties

(Art. 108 TFEU; Council Regulation 2015/1589, Art. 4)

(see para. 109)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources (OJ 2019 C 61, p. 1).

Operative part

The Court:

Annuls Commission Decision C(2018) 9209 final of 8 January 2019 on State aid SA.45765 (2018/NN), concerning an aid scheme implemented by the Republic of Lithuania in support of producers of electricity from renewable energy sources;

Orders the European Commission to bear its own costs and to pay those incurred by Achema AB and Lifosa AB;

Orders the Republic of Lithuania to bear its own costs.