Simon Troch, Thomas Milleville, The EU Court of Justice confirms that the nuclear energy sector is subject to state aid rules (Hinkley Point C)

On 22 September 2020, the Grand Chamber of the Court of Justice dismissed Austria’s appeal against the General Court’s Judgment endorsing Commission Decision (EU) 2015/658 (‘the Judgment’). The Judgment was the first opportunity for the Court to rule whether the nuclear energy sector is subject to State aid rules and indicate when aid for the construction of a nuclear power plant can be declared compatible by the European Commission pursuant to Art. 107(3)(c) TFEU. As such, the Judgment provides guidance on the applicability of EU law in the nuclear energy sector as well as the interpretation of Art. 107(3)(c) TFEU.