2009/609/EC: Commission Decision of 4 June 2008 on the State aid C 41/05 awarded ... (32009D0609)
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2009/609/EC: Commission Decision of 4 June 2008 on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements (notified under document C(2008) 2223) (Text with EEA relevance)
- COMMISSION DECISION
- of 4 June 2008
- on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements
- (notified under document C(2008) 2223)
- (Only the Hungarian text is authentic)
- (Text with EEA relevance)
- (2009/609/EC)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION OF THE MEASURE
- 3.
- GROUNDS FOR INITIATING THE PROCEDURE
- 3.1.
- The PPAs
- 3.2.
- Government Decree No 183/2002 (VIII.23) on stranded costs
- 4.
- COMMENTS BY HUNGARY ON THE OPENING DECISION
- 5.
- COMMENTS FROM INTERESTED PARTIES
- 5.1.
- Comments on the individual assessment of the PPAs
- 5.2.
- Comments on the existence of State aid
- (i)
- Wrong reference price/No advantageous prices
- (ii)
- Privatisation price
- (iii)
- Market investor principle
- (iv)
- Service of general economic interest
- (v)
- No advantage in long duration
- 5.3.
- Applicability after accession
- 5.4.
- Existing aid
- 5.5.
- Validly concluded private agreements cannot be ended by the Commission (pacta sunt servanda) — Legal uncertainty
- 5.6.
- Proportionality
- 5.7.
- Comments on the compatibility of PPAs with the common market
- 6.
- REPLY FROM HUNGARY ON COMMENTS FROM INTERESTED PARTIES
- 7.
- ASSESSMENT BY THE COMMISSION
- 7.1.
- Unlawful aid
- 7.2.
- General comment on the individual assessment of the PPAs
- 7.3.
- Existence of State aid within the meaning of Article 87(1) of the EC Treaty
- ‘ANNEX IV
- List referred to in Article 22 of the Act of Accession
- 3.
- Competition policy
- (1)
- Preliminary analysis: the reasoning that should be followed in order to assess the existence or otherwise of an advantage
- (2)
- Assessment of the existence of an advantage to the power generators when Hungary joined the European Union
- (2)(a)
- Short description of commercial practices on European electricity markets relevant for the assessment of the existence of an advantage within the PPAs
- (2)(b)
- Comparison of the PPAs with standard commercial practices
- (2)(c)
- Foreseeable consequences of the PPAs for the public authorities in the light of the comparison with buyers’ standard commercial practices on European electricity markets
- (3)
- The impact of the PPAs on the market in the period following Hungary's accession to the European Union
- 7.4.
- Applicability of the PPAs after accession
- 7.5.
- PPAs as ‘new aid’ as opposed to ‘existing aid’
- 7.6.
- Validly concluded private agreements cannot be ended by the Commission (pacta sunt servanda) — Legal uncertainty — Proportionality
- 7.7.
- Compatibility assessment
- 7.8.
- Recovery
- 8.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
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