Fsr Energy & Climate

The Latest On Hinkley Point A Study In State Aid To Nuclear

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Synopsis

This podcast focuses on the latest developments in Case C-594/18 P: Austria v European Commission, a long-running legal saga surrounding the development of a new nuclear power plant at Hinkley Point in the UK, which sheds light on EU state aid rules and the interaction between the Euratom Treaty and the TFEU. As the Euratom Treaty does not contain state aid rules, to what extent do the principles of the TFEU apply when it comes to determining the compatibility of state aid to the nuclear sector? In 2014, the EC approved the UK’s plans to give state aid to support the construction of two EPR reactor units at Hinkley Point C, deeming it compatible with EU state aid guidelines, and thus the internal market. The basis of their approval was Art 107(3)(c) TFEU. The project, a joint venture between EDF and CGN, would be the first new nuclear power station in the UK in almost 20 years, and account for roughly 7% of the UK’s electricity supply. In the rare move of one MS challenging a state aid decision for anot