DEI v Commission: Application of Article 106 TFEU to Preferential Rights for Electricity Incumbent Post-market Liberalisation

摘要

In a referral back by the Court of Justice of the European Union (the 'CJEU ) on the remaining pleas in the Greek lignite appeals, the General Court of the European Union (the 'General Court') held that the EU Commission had not erred in its assessment of the relevant market and of the inequality of opportunity in favour of state-owned electricity incumbent Dimosia Epicheirisi Ilektrismou AE ( DEΓ) which was distortive of competition, had respected the fundamental EU principles of legal certainty, legitimate expectations and proportionality and had complied with its duty to state reasons.