Advocate General Hogan: the Court should reject Austria’s appeal in UK State Aid Case. The General Court was fully entitled to dismiss the challenge to the decision of the Commission to approve the aid measures granted by the UK in respect of the construction of Hinkley Point C nuclear power stationInsofar as the analysis by the General Court is concerned, Advocate General Hogan deems that it was fully entitled to find that there was abundant evidence before the Commission that the market was either unwilling or even incapable of coming up with finance for Hinkley Point C absent the guarantees and other forms of aid provided by the UK. He finds that the General Court did not err when it concluded that the production of nuclear energy was the relevant economic activity for the purposes of state aid rules. The task of the Commission in State aid cases is simply to assess whether the State measure in question ‘may be considered to be compatible with the internal market’. That task is essentially to consider the compatibility of the aid in question with the rules on competition and the internal market and not, as such, the rules pertaining to the environment.
European Court of Justice 7th May 2020 read more »
The European Union’s top court should reject an attempt by Austria to block British state support for a nuclear power plant in southwest England, a court adviser said on Thursday. Advocate General Gerard Hogan, of the EU Court of Justice, said in a non-binding opinion that the EU’s top court should dismiss the Austrian government’s appeal. Judges follow opinions in the majority of cases, but are not bound to do so. Austria launched a case in 2015 to try to block state support for the Hinkley Point project. A lower EU court dismissed the challenge in 2018, prompting Austria to appeal. The lower court had been “fully entitled” to dismiss Austria’s challenge, Hogan said on Thursday.
Reuters 7th May 2020 read more »
Austria should lose its fight to overturn European Union approval of U.K. aid to help Electricite de France SA build Britain’s first new nuclear plant in decades, according to an adviser to the EU’s top court. Advocate General Gerard Hogan of the EU Court of Justice said in a non-binding opinion on Thursday that EU judges should dismiss the appeal. He added that a lower EU tribunal was “fully entitled” to dismiss the nation’s first challenge as well. The Luxembourg-based EU court follows such advice in a majority of case.
Bloomberg 7th May 2020 read more »
World Nuclear News 7th May 2020 read more »