72Consequently, it is necessary to determine whether the other two factors, referred to by the General Court in paragraph 127 of the judgment under appeal and recalled also in paragraph 62 of the present judgment, allowed it nonetheless to conclude that the funds generated by the EEG surcharge constituted State resources, since they constantly remained under public control and were therefore available to the public authorities, within the meaning of the case-law cited in paragraph 57 of the present judgment. In that situation, it is irrelevant whether or not the EEG surcharge may be classified as a ‘levy’.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.