Commission Question – Austrian complaint about British state aid support for nuclear power

Question to the Commission for written answer E-011526/2015

Rule 130

Jonathan Arnott (EFDD)

Subject: Austrian complaint about British state aid support for nuclear power

Austria recently filed a complaint to the European Court of Justice that Britain had proposed GBP 17 billion in state funds to help build two new nuclear reactors, citing ‘illegitimate spending under EU rules’. What is the potential outcome if the ECJ rules in favour of Austria?



Answer given on behalf of the Commission by Ms Vestager (26.8.2015)

Austria challenged the Commission decision regarding support to the Hinkley Point C Nuclear Power Station adopted on 8 October 2014 by way of an annulment action to the General Court.

The Commission cannot speculate upon the outcome of the proceedings and on the General Court’s possible ruling on the pleas raised by Austria, although it believes that its decision was legal and the annulment action should therefore be rejected. Once a final judgement of the General Court is rendered, the Commission will analyse the judgment and act according to the findings of the court. Even in case of an annulment of the Commission’s decision, the course of further action would depend on the specific grounds for such an annulment as well as (insofar as recovery of the aid would be an issue) on whether the aid has or has not been granted by that time.

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