Judgment_paragraph 143 · European Commission v Tempus Energy Ltd and Tempus Energy Technology Ltd (C-57/19 P)

143In that regard, it should be noted that the Commission may adopt guidelines in order to establish the criteria on the basis of which it proposes to assess the compatibility with the internal market of aid measures envisaged by the Member States. In adopting such guidelines and announcing, through their publication, that they will apply to the cases to which they relate, the Commission imposes a limit on the exercise of that discretion and cannot, as a general rule, depart from those guidelines, at the risk of being found to be in breach of general principles of law, such as equal treatment or the protection of legitimate expectations (judgment of 29 July 2019, Bayerische Motoren Werke and Freistaat Sachsen v Commission, C‑654/17 P, EU:C:2019:634, paragraphs 81 and 82 and the case-law cited).

European Commission v Tempus Energy Ltd and Tempus Energy Technology Ltd (C-57/19 P)

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