Judgment_paragraph 98 · European Commission v Anthony Braesch and Others (C-284/21 P)

98Thus, the Court has held that State aid for an economic activity in the nuclear energy sector, that is shown upon examination to contravene rules of EU law on the environment cannot be declared compatible with the internal market pursuant to Article 107(3)(c) TFEU (judgment of 22 September 2020, Austria v Commission, C‑594/18 P, EU:C:2020:742, paragraph 45). The central economic activity at the heart of the project which is financed by aid is indeed inseparable from the object of that aid, meaning that the Commission was required to ensure, in the case which gave rise to that judgment, that the proposed financing of the nuclear power plant at issue did not infringe those rules of EU law.