Review under State Aids Rules of the Extension of Preferential Electricity Tariff Schemes for Certain Energy-Intensive Industry: Opinion of the AG

On 23 September 2010, Adovate General Jääskinen delivered his opinion in Case C-194/09 P Alcoa Trasformazioni Srl., which is currently pending before the European Court of Justice. The central question of the case to know in which circumstances a measure which was originally found not to constitute state aid in the sense of Article 107 TFEU by the European Commission can be regarded as a different measure when the national authorities make certain modifications to the scheme and extend its duration (see points 23-25). The full text of the opinion is available HERE.

Procedure: the case is an appeal by Alcoa Trasformazionin Srl that seeks the annulment of the judgement of the Court of First Instance of 25 March 2009 (the General Court after the entry into force of the Lisbon Treaty) in Case T-332/06 Alcoa Trasformazioni v Commission and the partial annulment of Commission's Decision 2006/C 214/03 initiating the procedure of Article 108.2 TFEU concerning State aid C 36/06 (ex. NN 38/06) concerning the preferential electricity triff to energy-intensive industries in Italy, in so far as the decision relates to the electricity tariffs applicable to two primary aluminium plants owned by Alcoa (as reported in point 1 of the opinion).

The factual elements of the case reminds an earlier decision from the General Court delivered in August and reported on that blog: Case T-62/08 Thyssenkrupp Acciai Speciali Terni SpA v. European Commission, although the procedure is slightly different.