In today's judgement, the General Court of the European Union dismisses the action brought by Germany against the Commission decision regarding the 2012 Renewable Energy Sources Act (the EEG 2012). It confirms the European Commission's finding that State aid was granted in the context of the EEG 2012 and that the pay-as-you-go EEG system involves State aid.
The valid EEG 2014, which was authorised by the Commission back in 2014, is not affected by today's judgement by the General Court (only the EEG 2012 was the subject matter of the action). Furthermore, will not be faced with reimbursement claims.
The Federal Ministry for Economic Affairs and Energy will now evaluate the judgement and thoroughly examine whether it will appeal against it. It is possible to appeal against first-instance judgements by the General Court before the European Court of Justice within two months.