89In that regard, it must be stated that, in paragraph 43 of the judgment of 12 January 2023, DOBELES HES (C‑702/20 and C‑17/21, EU:C:2023:1), the Court of Justice held that the national legislation which obliged an electricity distribution undertaking to purchase electricity generated from renewable energy sources at a price higher than the market price and which provided that the resulting additional costs were to be financed by a compulsory surcharge borne by end consumers constituted an intervention through State resources within the meaning of Article 107(1) TFEU. Thus, as in the judgments referred to in paragraph 68 above, it must be established that the advantage compulsorily granted to the beneficiaries at the ‘first level’ of the supply chain was financed by an equally compulsory surcharge at the ‘second level’ of the supply chain. However, the Commission has not established that that was so in the present case.
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