Joined Cases C-105/18 to C-113/18 UNESA and Others v Administración General del Estado [Archived]
Joined Cases C-105/18 to C-113/18 UNESA and Others v Administración General del Estado [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Joined Cases C-105/18 to C-113/18 UNESA and Others v Administración General del Estado [Archived]
  • Case facts
  • Timeline

CASE HUB—this archived case hub reflects the position at the date of the decision of 7 November 2019; it is no longer maintained.

See further,timeline.

Case facts

OutlineJoined Cases C- 105/18 to C- 113/18 UNESA and Others v Administración General del Estado—several national references from Spain seeking clarification, amongst other things, as to whether Article 107(1) TFEU must be interpreted as meaning that the levying of a hydraulic tax (such as the one in issue) to the detriment of hydroelectricity producers operating within river basins encompassing more than one autonomous community constitutes prohibited State aid.

Latest developmentsOn 7 November 2019, the Court of Justice issued its judgment. In relation to State aid aspect of the case, the Court of Justice ruled that Article 107(1) TFEU must be interpreted as meaning that the fact the tax on the use of inland waters for the production of electricity is not payable by (i) hydroelectricity producers operating within river basins encompassing a single autonomous community and (ii) by producers of electricity from sources other than water, does not constitute State aid—provided that the latter are not, in the light of the relevant reference framework and the objective pursued by that tax, in a comparable situation to that of hydroelectricity producers operating within river basins encompassing more than one autonomous community subject to that tax (which

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