AB ‘Achema’ and ors, Lietuvos Respublikos energetikos ministerija (joining) and UAB ‘Baltpool’ (joining) v Valstybinė kainų ir energetikos kontrolės komisija (VKEKK), Final judgment, Case C-706/17, OCL 253 (EU 2019), 15th May 2019, Court of Justice of the European Union [CJEU]; European Court of Justice [ECJ]; European Court of Justice (4th Chamber)
Whether funds earmarked for financing a public interest service scheme constituted ‘state resources’ within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (‘TFEU’).
Whether compensation paid to distribution and transport system operators to offset losses sustained through fixed rate energy purchase constituted an advantage granted to the electricity producers that fell within the scope of Article 107(1) TFEU.
Whether funds, such as monies intended for certain providers, must be regarded as conferring a selective advantage, within the scope of Article 107(1) TFEU, on those providers and regarded as liable to affect trade between member states.
Whether Article 107(1) TFEU must be interpreted as meaning that a state measure must be regarded as compensation for services provided by the recipient undertakings in order to discharge public service obligations.