Court of Justice dismisses Commission appeal in German cogeneration State aid case
The Court of Justice has dismissed the Commission’s appeal in Case C-242/24 P, Commission v Germany, concerning German support measures for combined heat and power generation.
The appeal arose from the General Court’s judgment in Case T-409/21, which annulled the Commission’s decision on German measures supporting combined heat and power plants and related installations taking the form of bonuses, as well as a cap on the amount of the levy that network operators may recover from hydrogen producers (Case SA. 53308). The General Court had found that the Commission had not demonstrated that the measures involved State resources within the meaning of Article 107(1) TFEU.
The Court of Justice, following AG Spielmann’s opinion of 24 October 2025, confirmed that conclusion, rejecting the Commission’s arguments on the existence of State resources.
The judgment is relevant for the assessment of energy levy-based support schemes and the implications of the Case C-379/98 PreussenElektra, as it further clarifies the circumstances in which private funds collected and distributed under a statutory framework may — or may not — be regarded as State resources for State aid purposes.
For further information, see the Court of Justice’s judgment.