2009/476/EC: Commission Decision of 28 January 2009 on aid implemented by Luxembo... (32009D0476)
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2009/476/EC: Commission Decision of 28 January 2009 on aid implemented by Luxembourg in the form of the creation of a compensation fund for the organisation of the electricity market (C 43/02 (ex NN 75/01)) (notified under document number C(2009) 230) (Text with EEA relevance)
- COMMISSION DECISION
- of 28 January 2009
- on aid implemented by Luxembourg in the form of the creation of a compensation fund for the organisation of the electricity market (C 43/02 (ex NN 75/01))
- (notified under document number C(2009) 230)
- (Only the French version is authentic)
- (Text with EEA relevance)
- (2009/476/EC)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION
- 2.1.
- The legislative framework to the compensation mechanism
- 2.1.1.
- The Grand-Ducal Regulation of 30 May 1994 and the electricity market liberalisation process
- 2.1.2.
- The GDR of 22 May 2001
- 2.1.3.
- The GDR of 9 December 2005
- 2.1.4.
- Provisions applicable as of 1 January 2009
- 2.2.
- Operation of the compensation mechanism
- 3.
- REASONS FOR OPENING THE FORMAL INVESTIGATION PROCEDURE
- 4.
- COMMENTS FROM LUXEMBOURG ON THE OPENING OF THE FORMAL INVESTIGATION PROCEDURE
- 4.1.
- On the description of the measure
- 4.2.
- On the existence of State aid
- 4.3.
- On the infringement of Articles 25 and 90 of the Treaty
- 4.4.
- On the compatibility of potential State aid with the Treaty
- 5.
- COMMENTS FROM THIRD PARTIES
- 6.
- LUXEMBOURG’S RESPONSE TO THE COMMENTS FROM THIRD PARTIES
- 7.
- ASSESSMENT
- 7.1.
- Existence of State aid
- 7.1.1.
- Determination of the presence of State resources
- 7.1.2.
- Selectivity
- 7.1.3.
- Existence of an advantage
- 7.1.4.
- Distortion of competition and effect on intra-Community trade
- 7.1.5.
- Conclusion on the existence of State aid
- 7.2.
- Assessment of the compatibility of the aid under Article 87(3)(c) of the Treaty
- 7.3.
- Compatibility of the aid in the light of the 2001 and 2008 guidelines
- 7.3.1.
- Compatibility of the aid to green electricity producers in Luxembourg
- 7.3.2.
- Compatibility of the aid to large electricity-consuming enterprises
- 7.4.
- Conformity of the aid with Articles 25 and 90 of the Treaty
- 8.
- CONCLUSION
- Article 1
- Article 2
- Article 3
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