The Court of Justice states that undertakings in difficulty are excluded from the advantages granted to high consumers of natural gas or electricity
The Court of Justice has delivered its judgment in Joined cases C-503/25 and C-504/25, Acciairie d’Italia SpA v CSEA. The Court answered two preliminary questions concerning one issue: whether a national provision excluding benefits to undertakings placed under extraordinary administration because of being considered an undertaking in difficulty was compatible with EU law.
The company, Acciairie d’Italia Spa (ADI), is the parent company of Italy’s leading steel group. It was placed under extraordinary administration on 29 February 2024. Later, it requested CSEA, a national authority, to benefit from support conceded to high electricity and high gas consumption companies. CSEA denied the request arguing that its condition amounted to undertakings in difficulty in accordance with point 20 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty.
ADI brought the matter before the national courts, which referred the above-mentioned question to the Court of Justice. The latter concluded that an undertaking placed under extraordinary administration is an “undertaking in difficulty'” within the meaning of EU law. Furthermore, according to point 23 of the Guidelines, an undertaking in difficulty cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured. Finally, it stated that energy aid cannot be confused with rescue aid, which pursues separate objectives.