S.10.2. Competition Law

D.10.2. Competition Law

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Germany brings EC to court in EEG 2012 dispute

Wednesday, February 18, 2015

The German government has decided to appeal against the EC’s Decision that considered that elements of the EEG 2012 constituted state aid.

The German government has decided to challenge the EC’s Decision of 25 November 2014 concerning the EEG 2012. At the time, the EC approved the quasi-totality of the Act, pointing out however that “a limited portion of the reductions exceed what is permitted under EU state aid rules”.
The German government has now decided to bring the case to the ECJ, asking it to clarify whether the EEG can be classified as state aid.
An EC spokesman responded to Berlin on behalf of the Institution, stating that it would defend its position in Court, and defending the November Decision.