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Jurisdiction(s):
United Kingdom

CJEU dismisses Irish Wind Farmers’ Association appeal; Commission not obliged to open formal investigation; Irish business rates for fossil-fuel electricity producers not State aid

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This archived case hub reflects the situation as at the judgment of 17 November 2022 and is no longer being updated...

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Case facts

Outline

An appeal was brought against the General Court’s judgment of 7 July 2021, which rejected an action to annul the Commission’s decision of 9 July 2019 concerning alleged unlawful State aid to the fossil fuel sector through reduced property tax (SA.44671)...

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On 17 November 2022, the Court of Justice delivered its ruling, dismissing the appeal. It concluded that: (i) the General Court did not err in finding no serious difficulties that would oblige the Commission to open the formal investigation procedure; and (ii) there was no indication that the General Court misrepresented the evidence placed before it...

Parties

Appellants:

  • Irish Wind Farmers’ Association
  • Carrons Windfarm Ltd (Carrons Windfarm)
  • Foyle Windfarm Ltd (Foyle Windfarm)
  • Greenoge Windfarm Ltd (Greenoge Windfarm)

(together, the Applicants)

Defendant:

  • The European Commission (the Commission)

Background

Background

In 2001, Ireland enacted the Valuation Act...

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Web page updated on 21/05/2026

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