Ocena dopuszczalności pomocy państwa dla inwestycji w sektorze energetycznym w świetle zasad ochrony środowiska. Refleksje związane z orzeczeniem TSUE w sprawie elektrowni jądrowej Hinkley Point C1
Assessment of the admissibility of State aid to energy sector investments in the light of environmental principles. Reflections on the CJEU ruling on the Hinkley Point C nuclear power plant

Summary/Abstract: A discussion on State aid law and European Union environmental law most often boils down to the question of whether environmental aspects must or can be taken into account when assessing State aid for economic support of investments in projects with environmental impacts. This question has two parts. First, does the measure in question constitute State aid? Second, if the answer to the first question is positive, is the State aid measure in question compatible with the internal market? The consideration of environmental aspects may have important consequences for both questions. The object of this article is to try to find an answer to the questions (i) whether environmental aspects must, may or may not be part of the assessment of the question whether a support measure constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union?, and (ii) whether environmental aspects must, may or may not form part of the assessment of the compatibility of a State aid measure with the internal market? The search for answers to these questions is preceded by a general characterisation of the relationship between competition law (including State aid law) and European Union environmental law. The aim of the research is to try to answer the above-mentioned questions. It is formulated on the basis of a legal analysis of the jurisprudence of the Court of Justice of the European Union and the decision-making practice of the European Commission in State aid cases.These studies lead to the following general conclusions: (I) environmental objectives cannot alter the concept of State aid (its definition) and therefore cannot be taken into account when assessing whether a measure constitutes State aid; (II) environmental principles and rules apply when assessing the compatibility of State aid with the internal market; (III) State aid that violates EU environmental rules cannot be considered compatible with the internal market.These conclusions also apply to aid to the energy sector, in particular to nuclear energy.

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