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EU State aid: General Court annuls Commission’s no-aid decisions in DEI v Commission on Greek electricity arbitration award; serious doubts necessitated Article 108(2) TFEU investigation

Published on: 12 November 2025

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State aid General Court dismisses case referred back from the Court of Justice regarding Greek support to aluminium producer

The General Court has handed down its ruling in Joined Cases T-639/14 RENV II, T-352/15 RENV and T-740/15 RENV, DEI v Commission, following a remittal after the Court of Justice’s judgment in Joined Cases C-701/21 P and C-739/21 P. Those appeals succeeded against the General Court’s earlier judgments in T-639/14 and T-740/15, which had annulled Commission decisions concluding that an arbitration award, fixing an alleged preferential electricity tariff, did not constitute State aid to the aluminium producer Mytilinaios (SA.38101). The General Court has now rejected the appeal...

Background

Dimosia Epicheirisi Ilektrisimou AE (DEI), an electricity generator and supplier based in Athens (Greece) and controlled by the Greek State, and its principal client, Mytilinaios AE – Omilos Epicheiriseon, formerly Alouminion tis Ellados VEAE, located in Marousi (Greece) (Mytilinaios), have been engaged in a protracted disagreement over the electricity supply tariff intended to replace the preferential rate previously enjoyed by Mytilinaios under a contract signed in 1960, which came to an end in 2006...

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