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23rd September 2020
Competition & State Aid Consumer, Health & Environment

Analysis: “Clarifications on the Member States’ freedom to determine public policy objectives under Article 107(3)(c) TFEU” by Małgorzata Cyndecka

On 22 September 2020, the Court of Justice (Grand Chamber) handed down a highly awaited judgment in Austria v Commission (C-594/18 P), or Hinkley Point C, an appeal against the General Court’s ruling in Austria v Commission (T-356/15). Like the General Court, the Court of Justice confirmed Commission Decision 2015/658 approving United Kingdom aid for Hinkley Point C nuclear power station. On 7 May 2020, Advocate General Hogan suggested that the Court of Justice reject the appeal. In this respect, he provided some interesting observations on the interpretation of Article 107(3)(c) TFEU, the provision on the basis of which the Commission adopts most of its decisions on State aid. The Advocate General’s Opinion has been examined in an Analy

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