Short Reads

European Commission approves German measure to support electric charging infrastructure for green vehicles

European Commission approves German measure to support electric charging infrastructure for green vehicles

European Commission approves German measure to support electric charging infrastructure for green vehicles

01.03.2017 NL law

On 13 February 2017, the European Commission decided that the German measure to support the installation and upgrade of electric charging infrastructure for users of electric vehicles across the country is compatible with the EU State aid rules.

The measure aims to enhance the market for electric vehicles by funding user-friendly charging infrastructure. According to Germany, State aid is appropriate since it is not feasible for market operators to invest in such infrastructure on purely commercial grounds given the limited number of electric vehicles (merely 50,000 in 2016). Moreover, the Directive on the employment of alternative fuels infrastructure (the "Directive") prescribes that all Member States need to deploy an adequate charging infrastructure for electric vehicles by 2020. Therefore, the measure can be seen as an implementation of this Directive.

Germany's objective is to ensure the establishment of an area-wide charging network that meets the demands of the market and makes it possible to recharge fast and easily anywhere in Germany. For that purpose, Germany intends to launch a programme  in 2017 to provide grants for the installation of new charging stations for electric vehicles and the extension of the existing infrastructure. This programme covers not only urban and suburban areas but also rural areas. The total budget of the measure is EUR 300 million. Most of the grants will be assessed on the basis of either the lowest costs/funding or the best value for money. Aid will only be granted if the electricity required for the charging process comes from renewable energy sources or renewable electricity self-generated on site.

The Commission has not investigated whether the measure constitutes State aid, which it would normally do in such cases. Instead it has stated that even if the measure constitutes State aid it is still compatible with the internal market. The Commission has performed a balancing test to assess the compatibility, weighing the positive effects in terms of a contribution to the achievement of well-defined objectives of common interest and negative effects on trade and competition in the common market. The measure is aligned with the Directive and contributes to common interests of reducing emissions and improving air quality. In its assessment, the Commission understands that the market for electric charging infrastructure needs public intervention before it can function on its own. The Commission also accepts that a direct grant is the most appropriate measure and that the measure provides safeguards to ensure that any aid is limited to the minimum necessary to achieve the objective and that it will be operated in a fair, open and transparent way. Therefore, the Commission has concluded that the measure is compatible with the internal market.

This article was published in the Competition Law Newsletter of March 2017. Other articles in this newsletter:

1. European Commission opens three investigations in the e-commerce sector
2. Implementation of Antitrust Damages Directive: Dutch legislation effective as of 10 February 2017
3. Belgian Competition Authority publishes Guidelines on how to identify and avoid bid-rigging

Team

Related news

02.04.2020 NL law
ACM played high stakes and lost: no more fixed network access regulation

Short Reads - The ACM’s failure to meet the requisite standard of proof has led to the fixed networks of Dutch telecom providers KPN and VodafoneZiggo being free from access regulation. The Dutch Trade and Industry Appeals Tribunal ruled that the ACM had failed to demonstrate the existence of collective dominance, and that KPN and VodafoneZiggo would tacitly coordinate their behaviour absent regulation.

Read more

26.03.2020 BE law
​I am suffering significant financial losses as a result of the spread of the corona virus. Is there a possibility of State aid?

Short Reads - COVID-19 brings certain questions to centre stage regarding State aid. In this short read, Peter Wytinck, Sophie Van Besien and Michèle de Clerck discuss the possibility of State aid in case of significant financial losses as a result of the spread of the corona virus.

Read more

02.04.2020 NL law
Claims assigned to a litigation vehicle: who needs to prove what?

Short Reads - Two recent decisions from the Amsterdam Court of Appeal have confirmed that litigation vehicles cannot come empty-handed to the court, and should provide documentation regarding the assignments of claims they submit. The Dutch legal system allows companies and individuals to assign their claims to a “litigation vehicle” or “claims vehicle” that bundles those claims into a single action. In its decisions of 10 March 2020, the Court of Appeal ruled that it is up to litigation vehicles to prove that the assignments can be invoked against the debtor. 

Read more

10.03.2020 NL law
De AVG staat niet in de weg aan de verwerking van persoonsgegevens door een toezichthouder tijdens een bedrijfsbezoek

Short Reads - Bedrijven die met toezicht worden geconfronteerd, zijn gehouden op verzoek van een toezichthouder in beginsel alle informatie te verstrekken. Met de komst van de Algemene verordening gegevensbescherming (AVG) is in de praktijk de vraag opgekomen of een toezichthouder bevoegd is om persoonsgegevens die onderdeel uitmaken van de gevraagde informatie te verwerken.

Read more

02.04.2020 NL law
EU competition policy agenda: full to the brim

Short Reads - The European Commission’s competition policy agenda stretches to 2024 and contains plans for many new or revised rules and guidelines. Recent publications, such as the New Industrial Strategy for Europe, shed more light on the Commission’s initiatives and their possible impact on parties from both inside and outside the European Union (EU). These new initiatives include temporary state aid rules to address the effects of the Corona crisis, consultations on the Block Exemption Regulations, and new measures in respect of (primarily) third-country companies.

Read more

05.03.2020 NL law
CBb confirms: no cartel fine, still interest to appeal cartel decision

Short Reads - Companies can challenge a decision establishing that they committed a competition law violation, even if no fine was imposed on them. The CBb – the highest court for public enforcement of cartel cases – recently confirmed that the absence of a fine does not affect a company’s interest to appeal. Consequently, parent companies held liable for a subsidiary’s cartel infringement can still challenge a cartel decision, irrespective of whether fines were imposed on them separately.

Read more

This website uses cookies. Some of these cookies are essential for the technical functioning of our website and you cannot disable these cookies if you want to read our website. We also use functional cookies to ensure the website functions properly and analytical cookies to personalise content and to analyse our traffic. You can either accept or refuse these functional and analytical cookies.

Privacy – en cookieverklaring