The Scope of the Alignment of State Aid Assessments with the Enforcement of Non-State Aid Rules Following the Ruling in Austria v. Commission (Paks II)
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- A. Popov
Published 12 October 2026
Abstract
The Grand Chamber of the Court of Justice ruled on 11 September 2025, in the second landmark case of Austria v. Commission, after the General Court’s judgment of 30 November 2022 concerning the nuclear power plant Hinkley Point C (Austria v. Commission, T-101/18, EU:T:2022:728) had to be set aside. As a consequence, Commission Decision (EU) 2017/2112 of 6 March 2017 on the State aid SA.38454 - 2015/C (ex 2015/N) which Hungary is planning to implement for supporting the development of two new nuclear reactors at Paks II nuclear power plant was annulled. The judgment is crucial simultaneously for the development of the nuclear sector in the EU, for direct awards of construction contracts and State aid in relation to them. It clarifies the notion of aspects of the State aid which are inextricably linked to the aid without forming part of State aid rules, but is unclear on the full scope of the alignment requirement beyond the nuclear sector.
This paper will be part of the OGEL Special Issue on "State Aid and Competition Rules in the Energy Sector". More information here www.ogel.org/news.asp?key=840