Public aid for entrepreneurs producing energy from renewable sources Cover Image

Pomoc publiczna dla przedsiębiorców wytwarzających energię ze źródeł odnawialnych
Public aid for entrepreneurs producing energy from renewable sources

Author(s): Kamil Olczak
Subject(s): Energy and Environmental Studies, Environmental and Energy policy, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: law; state aid; renewable Energy sources; financial instrument; energetic safety;

Summary/Abstract: The essence of public aid is any service provided to an entrepreneur by the state or using state resources in any form, by increasing expenses or reducing state revenues, which is associated with the granting of an advantage to that beneficiary, which he could not obtain in the normal course of business. Such aid is incompatible with European Union Law in terms of as it affects trade between the Member States and when it distorts or threatens to distort competition. The aim of this article is to indicate the situations in which the granting of state aid is allowed and then to assess whether the state aid granted to producers of energy from renewable sources may be permitted within the meaning of Article 107 Act 1 of the Treaty on the Functioning of the European Union. The condition for applying a specific measure as state aid is its classification. When granting public aid for energy from renewable sources, Member States refer to the need to ensure energy security, development of competition, economic efficiency, consider environmental protection requirements and balance the interests of entrepreneurs and energy recipients. This includes supporting companies that produce energy from renewable sources.

  • Issue Year: 2022
  • Issue No: 57
  • Page Range: 409-419
  • Page Count: 12
  • Language: Polish